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HomeMy WebLinkAbout2024-10-07 Regular City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING MONDAY, OCTOBER 7, 2024 - 7:00 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. DECORUM POLICY FOR MEETINGS OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: INDIVIDUALS WHO WISH TO MAKE ANY “CITIZEN’S COMMENTS” UNDER THAT PORTION OF THE CITY COMMISSION AGENDA, OR WHO OTHERWISE WANT TO ADDRESS THE CITY COMMISSION, MUST FIRST BE REGISTERED WITH THE CITY CLERK (FORMS ARE AVAILABLE OUTSIDE OF THE CITY COMMISSION CHAMBERS AND MUST BE GIVEN TO THE CLERK BEFORE THE MEETING). OTHERS WHO WANT TO ADDRESS THE COMMISSION ON ANY MATTERS MUST FIRST BE RECOGNIZED BY THE MAYOR. ALL SUCH PERSONS MUST USE THE PODIUM IN THE COMMISSION CHAMBER. NO MORE THAN ONE PERSON AT A TIME MAY ADDRESS THE COMMISSION FROM THE PODIUM. COMMENTS ARE ONLY TO BE MADE TO THE CITY COMMISSION AND ARE NOT TO BE DIRECTED TO THE AUDIENCE OR CITY STAFF. NO INDIVIDUAL SHALL MAKE ANY SLANDEROUS OR UNDULY REPETITIVE REMARKS, OR ENGAGE IN ANY OTHER FORM OF BEHAVIOR THAT DISRUPTS OR IMPEDES THE ORDERLY CONDUCT OF THE MEETING, AS DETERMINED BY THE MAYOR. NO INDIVIDUAL MAY SPEAK DIRECTLY TO OR ADDRESS THE MAYOR, CITY COMMISSIONER OR CITY STAFF: COMMENTS ARE TO BE ONLY DIRECTED TO THE COMMISSION AS A WHOLE. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OF OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE PERMITTED IN THE COMMISSION CHAMBER. IF ANY PERSON’S CONDUCT AS DETERMINED BY THE MAYOR IS FOUND TO BE DISRUPTIVE OR INTERFERES WITH THE ORDERLY CONDUCT OF THE MEETING, THE PERSON MAY BE ASKED BY THE MAYOR TO LEAVE THE COMMISSION CHAMBERS; IF THE PERSON DOES NOT LEAVE AND THE CONDUCT PERSISTS, THE CITY POLICE DEPARTMENT WILL BE REQUESTED TO ESCORT THE INDIVIDUAL FROM THE CITY COMMISSION CHAMBERS. ALL CELLULAR TELEPHONES ARE TO BE SILENCED DURING THE MEETING. ALL PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. (RESOLUTION #2020-032) 1. CALL TO ORDER/ROLL CALL 2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS Page 1 of 181 Agenda – Dania Beach City Commission Monday, October 7, 2024 - 7:00 PM Page 2 of 5 1. City Fiscal Year End Investment Portfolio Update - Public Trust Advisors (Finance) 2. Request for Approval of Proclamation - Red Ribbon Week - October 23-31, 2024 - Sponsored by Mayor Ryan 3. Request for Approval of Proclamation - Cybersecurity Awareness Month - October 2024 - Sponsored by Mayor Ryan 4. Service Award and Recognition to CIP and Grants Administrator Colin Donnelly - City Manager 4. PROCLAMATIONS 1. Cybersecurity Awareness Month - October 2024 - Sponsored by Mayor Ryan 5. ADMINISTRATIVE REPORTS 1. City Manager 2. City Attorney 3. City Clerk - Reminders 6. PUBLIC SAFETY REPORTS 7. CITIZENS' COMMENTS Addressing the Commission: A thirty (30) minute "Citizen Comments" period shall be designated on the agenda for citizens and interested persons to speak on matters whether or not scheduled on that day's agenda. Individuals wishing to speak on a matter not included on the "Public Hearing" section of the agenda, which matter pertains to an item before the City Commission which requires a decision of the City Commission, may do so by signing in and submitting a form to that effect with the City Clerk prior to the meeting. Speakers at Public Hearings shall also submit such a form. Each speaker shall be limited to 3 minutes for his or her comments. If more than ten (10) speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 8. CONSENT AGENDA 1. Minutes: September 24, 2024 Regular Meeting Minutes 2. Travel Requests: None. 3. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY COMMISSION “DISCRETIONARY FUNDS” USE POLICY PROVIDING FOR PLACEMENT ON CITY COMMISSION MEETING AGENDAS FOR APPROVAL PRIOR TO THE OBLIGATION OF FUNDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN Page 2 of 181 Agenda – Dania Beach City Commission Monday, October 7, 2024 - 7:00 PM Page 3 of 5 EFFECTIVE DATE. (Finance) 4. RESOLUTION NO. 2024--____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE WAIVER OF COMPETITIVE BIDDING FOR THE FURNISHING AND INSTALLATION OF HOLIDAY DECORATIONS FROM RILEIGHS OUTDOORS, LLC D/B/A CHRISTMAS DESIGNERS FLORIDA, UNDER THE CITY OF SARASOTA AGREEMENT, AT A COST NOT TO EXCEED TWO HUNDRED AND TWENTY THOUSAND DOLLARS ($220,000.00) FOR FISCAL YEAR 2024-25; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 9. BIDS AND REQUESTS FOR PROPOSALS 1. RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF BID ITB NO. 2024-021-0-2024, ENTITLED “CONCRETE CURBING/SIDEWALK CONSTRUCTION, MILLING AND RESURFACING OF ASPHALT CONCRETE, STRIPING OF CITY STREETS AND PARKING LOTS, AND LANE DELINEATORS” TO FG CONSTRUCTION LLC, METRO EXPRESS INC., THE STOUT GROUP LLC AND WEEKLEY ASPHALT PAVING, INC.; AND TO ENTER INTO AGREEMENTS FOR SERVICES THAT MAY EXCEED THE ANNUAL VENDOR THRESHOLD AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR EACH FISCAL YEAR THAT THE CONTRACTS ARE IN PLACE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 10. QUASI-JUDICIAL & PUBLIC HEARING ITEMS: None. 11. FIRST READING ORDINANCES 1. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING THE PUBLIC ART ADVISORY BOARD, BY AMENDING CHAPTER 28, ENTITLED THE “LAND DEVELOPMENT CODE”, BY AMENDING SECTION 811-130, ENTITLED “PUBLIC ART ADVISORY BOARD,” TO CLARIFY BOARD TERMS; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 12. SECOND READING ORDINANCES Page 3 of 181 Agenda – Dania Beach City Commission Monday, October 7, 2024 - 7:00 PM Page 4 of 5 1. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO SECTION 22-7A, OF THE CITY’S CODE OF ORDINANCES; AUTHORIZING CO-DESIGNATION OF A PORTION OF NW 2ND STREET, BETWEEN NW 4TH AVENUE AND NW 14TH WAY, BE KNOWN AS “NW 2ND STREET/HENRY N. WHITE, SR. STREET”, AFTER HOLDING TWO PUBLIC HEARINGS, AND AFTER A 4/5 VOTE OF THE ENTIRE CITY COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 13. DISCUSSION AND POSSIBLE ACTION 1. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING THE CITY OF DANIA BEACH POLICY ON THE PLACEMENT OF POLITICAL CAMPAIGN SIGNS ON CITY PROPERTY DURING EARLY VOTING AND ELECTIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Commissioner Salvino) 2. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO COMMISSION ARTIST CEY ADAMS TO PAINT AN ORIGINAL LEAD WITH LOVE MURAL WHICH IS PROPOSED TO BE A MURAL FOR THE CITY MARINA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 3. Broward County Historic Preservation Board - 2024 Broward Pioneer Day - Dania Beach Nominee - Kathy Kay - Sponsored by Mayor Ryan 14. APPOINTMENTS: 1. Education Advisory Board - 1 vacancy - Vice Mayor Lewellen 15. COMMISSION COMMENTS 1. Commissioner Davis 2. Commissioner James Page 4 of 181 Agenda – Dania Beach City Commission Monday, October 7, 2024 - 7:00 PM Page 5 of 5 3. Commissioner Salvino 4. Vice-Mayor Lewellen 5. Mayor Ryan 16. ADJOURNMENT Page 5 of 181 WHEREAS, the digital age has brought unprecedented benefits to our society, transforming the way we communicate, work, learn, and play, while also introducing challenges to our security; and WHEREAS, the City of Dania Beach recognizes the vital role that cybersecurity plays in the continued prosperity and growth of our community; and WHEREAS, maintaining the security of cyberspace is a shared responsibility, for which every individual and organization has a crucial role to play; and WHEREAS, the frequency, scale, and sophistication of cyber threats continue to rise, targeting our infrastructure, businesses, schools, and homes; and WHEREAS, promoting education and awareness about cyber threats and the steps to protect our information and digital assets is of utmost importance; and WHEREAS, the Dania Beach IT Department works diligently to provide awareness of cybersecurity and safety to employees through annual trainings and continuous communications on new trends to be aware of; and WHEREAS, the United States Department of Homeland Security and the National Cybersecurity Alliance have designated October as National Cybersecurity Awareness Month. NOW, THEREFORE, on behalf of the Dania Beach City Commission, I, Archibald J. Ryan, IV, Mayor of the City of Dania Beach, Florida, do hereby proclaim October 2024 as CYBERSECURITY AWARENESS MONTH in the city of Dania Beach and encourage all citizens, businesses, and institutions to engage in activities that promote a safer and more secure cyber environment. ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN, IV CITY CLERK MAYOR Page 6 of 181 CITY OF DANIA BEACH OFFICE OF THE CITY MANGER 100 West Dania Beach Blvd ∙ Dania Beach, FL 33004 ∙ (954) 924-6800 ∙ (954) 921-2604 (fax) MEMORANDUM Date: October 7, 2024 To: Mayor A. J. Ryan IV Vice Mayor Lori Lewellen Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco A. Salvino, Sr. From: Ana M. Garcia, ICMA-CM, City Manager Subject: Manager’s Report I am extremely honored, humbled, and grateful to be appointed to the Board of the Greater Ft. Lauderdale Alliance. I am looking forward to working with the board and President and CEO Bob Swindell for the benefit of Dania Beach, our existing Business Community and to ensure we can better recruit new businesses to our City. Our Parks Team and I had a very productive meeting with the current and past president of our Lion’s Club, and we have started a dialogue to partner on a very exciting fundraising endeavor to be held the on March 25th. The Moonlight Classic Car Show could be an annual event on the City Hall Campus with proceeds going to the Lions youth “Vision” program. We are assessing the possibility of this partnership and the logistics and will be updating you very soon. The annual ICMA conference held in Pittsburgh this last month was outstanding with more than 2,000 attendees from 20 countries. The session I led with the support of my colleagues from 3 other states allowed our HR Director and I the opportunity to recruit potential candidates for the many open and/or new positions here in Dania Beach. My story will be featured in the ICMA’s upcoming new manual/ handbook regarding breaking into local government. Next year, the conference will be in Tampa giving us the opportunity to have a greater presence and take advantage of the magnitude of exceptional sessions and learning opportunities. Two sessions I want to highlight are “Leadership during Crisis: Baltimore’s Emergency Response to the Key Bridge”, the incident that caused the bridge to collapse and “Building Skills for a Dignified Disagreement”. I have included a handout that would be extremely beneficial that focuses on the dignity index. I was able to attend a dozen educational sessions that further reinforce my foundation of leadership and the opportunity to meet and network with individuals where I can learn from their experiences and insights to share with our Dania Beach Team. Page 7 of 181 On Monday afternoon, September 30th, our Deputy City Manager and I hosted Principal Giancarli from Olsen Middle and our newly elected School Board Member Maura Bulman to continue the dialogue and keep them informed on all the possible solutions for a viable and thriving school. On Monday evening, September 30th, I attended a Broward County School Workshop at South Broward High School along with Vice Mayor Lewellen, Commissioner Davis and Commissioner Salvino. Two of the schools up for discussion of the “reimagining/ repurposing” were Colins Elementary and Olsen Middle. We continue to present viable alternatives/ partnerships to ensure the schools remain open and become the best learning institutions via partnerships with our City! We are clearly articulating the facts from our growing population to the plans and initiatives at CW Thomas Park and the 7 acres at the Olsen Campus, as well as a possible partnership with our future EOC at Olsen Middle School. On Tuesday, October 1st, we hosted a meeting with the Executive Director of the Miami Dade County Homeless Trust Victoria Mallette O’Bryan, Board Chairman Ron Book, Kelly Mallette from the Ron Book Team, our BSO Team, Homeless Liaison Vice Mayor Lewellen, our City Attorney, Deputy City Manager and I were in attendance. The purpose for my calling of this meeting was to augment our efforts and elevate our game plan on a more global effort to explore the possibilities to commence the dialogue with Broward County and take a leadership role with the other 30 cities in our county. The 1% Homeless Trust tax in Miami Dade County has been of great benefit to mitigate homelessness with some very effective solutions and outside the box initiatives that we in Broward County can look to implement even if we just consider a hybrid approach to dealing effectively with homelessness. Page 8 of 181 City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 October 9, 2024 Special Magistrate Hearing Page 1 of 8 Case # Status Hearing Type Property Address Cited Party Default Inspector 2024-00000352 Active H-EXTENSION - Extension Hearing 245 SW 6 ST YVES BRODEUR Alberto Chavarria 2024-00000399 Active H-EXTENSION - Extension Hearing 239 SW 8 ST CHAVES, MARIA LUCIA Alberto Chavarria 2024-00000913 Active H-FIRST HEARING - First Hearing 80 SW 8 AVE MIKA REAL EST INVESTMENTS LLC % NEWMAN GROUP Alberto Chavarria 2024-00000914 Active H-FIRST HEARING - First Hearing 80 SW 8 AVE MIKA REAL EST INVESTMENTS LLC % NEWMAN GROUP Alberto Chavarria 2024-00000917 Active H-FIRST HEARING - First Hearing 550 S FEDERAL HWY 111TH BIXBY LLC Alberto Chavarria 2024-00001045 Active H-FIRST HEARING - First Hearing 325 PHIPPEN RD BENNETT IVY SAMANTHA Alberto Chavarria 2024-00001054 Active H-FIRST HEARING - First Hearing 1518 SW 2 AVE REUVEN SIMCHA Alberto Chavarria 2024-00001070 Active H-FIRST HEARING - First Hearing 19 SW 14 ST RUSS KODNER Alberto Chavarria 2024-00001079 Active H-FIRST HEARING - First Hearing 329 SW 15 ST ZANTHIA HOLLIS Alberto Chavarria 2024-00001328 Active H-REPEAT HEARING - Repeat Hearing 337 SW 13 ST LAEL BAPTIST CHURCH INC Alberto Chavarria 2024-00001330 Active H-RECURRING - Recurring Hearing 731 PHIPPEN RD ROI CAPITAL INVESTMENT LLC Alberto Chavarria 2021-00000468 Active H-CONFIRMATION - Confirmation Hearing 306 PHIPPEN RD LEVINE HAZEL RODNEY LEVINE Anson Westberry 2021-00001602 Active H-CONFIRMATION - Confirmation Hearing 218 SW 13 ST BELLERA, INGRID E Anson Westberry Page 9 of 181 City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 October 9, 2024 Special Magistrate Hearing Page 2 of 8 2022-00001438 Active H-CONFIRMATION - Confirmation Hearing 21 S FEDERAL HWY 19 S FEDERAL HWY LLC Anson Westberry 2023-00000703 Active H-CONFIRMATION - Confirmation Hearing 405 SE 4 ST FERNANDEZ, ANGELA / FERNANDEZ, TERESA Anson Westberry 2024-00000204 Active H-EXTENSION - Extension Hearing 601 NW 3 TER ANGIE YUK NGAN WONG Anson Westberry 2024-00000252 Active H-ABATEMENT - Abatement Hearing 238 NW 7 AVE TURNKEY ASSETS LLC Anson Westberry 2024-00000590 Active H-FIRST HEARING - First Hearing 125 SW 5 CT LIVE CHEAP LLC Anson Westberry 2024-00000593 Active H-FIRST HEARING - First Hearing 137 SW 5 CT LIVE CHEAP LLC Anson Westberry 2024-00000598 Active H-FIRST HEARING - First Hearing 109 SW 5 CT LIVE CHEAP LLC Anson Westberry 2024-00000599 Active H-FIRST HEARING - First Hearing 105 SW 5 CT 105 SW HOLDINGS LLC Anson Westberry 2024-00000600 Active H-FIRST HEARING - First Hearing 101 SW 5 CT LIVE CHEAP LLC Anson Westberry 2024-00000665 Active H-FIRST HEARING - First Hearing 98 SW 5 AVE TIMBO PORA LLC Anson Westberry 2024-00000675 Active H-FIRST HEARING - First Hearing 801 NW 3 TER FRANCISO MANTERO Anson Westberry 2024-00000676 Active H-FIRST HEARING - First Hearing 122-132 SW 3 AVE KC FOODSERVICE LLC Anson Westberry 2024-00000677 Active H-FIRST HEARING - First Hearing 111 SW 1 CT FIRST DANIA BEACH LLC Anson Westberry 2024-00000719 Active H-FIRST HEARING - First Hearing 110 PARK AVE FIRST DANIA BEACH LLC Anson Westberry Page 10 of 181 City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 October 9, 2024 Special Magistrate Hearing Page 3 of 8 2024-00000744 Active H-FIRST HEARING - First Hearing 35 NW 3 AVE G & A GROUP 1 LLC Anson Westberry 2024-00000745 Active H-FIRST HEARING - First Hearing 55 NW 1 AVE 55 NW 1 AVE Anson Westberry 2024-00000747 Active H-FIRST HEARING - First Hearing 38 NW 1 ST 67-75 NORTH FEDERAL ASSOC LLC Anson Westberry 2024-00000786 Active H-FIRST HEARING - First Hearing 137 SW 5 CT LIVE CHEAP LLC Anson Westberry 2024-00001453 Active H-FIRST HEARING - First Hearing 804 NW 8 ST JAMES BRADLEY Anson Westberry 2023-00001320 Active H-ABATEMENT - Abatement Hearing 75 N FEDERAL HWY 67-75 NORTH FEDERAL ASSOC LLC Christina Caserta 2023-00001344 Active H-EXTENSION - Extension Hearing 170 N POINTE DRIVE DANIA LIVE 1748 II LLC C/O: KIMCO REALTY CORPORATION Christina Caserta 2024-00000236 Active H-EXTENSION - Extension Hearing 214 SE 3 TER HILDA BESNER TR BESNER, HILDA TRSTEE Christina Caserta 2024-00000875 Active H-FIRST HEARING - First Hearing 225 SE 4 TER STACY E PARKS Christina Caserta 2024-00000908 Active H-CONFIRMATION - Confirmation Hearing 22 SW 6 AVE SABA FL PROPERTIES LLC Christina Caserta 2024-00000939 Active H-CONFIRMATION - Confirmation Hearing 22 SW 6 AVE SABA FL PROPERTIES LLC Christina Caserta 2024-00000944 Active H-FIRST HEARING - First Hearing 2010 NE 7 AVE CUBESMART LP % PTA-CS #574 Christina Caserta 2024-00000955 Active H-FIRST HEARING - First Hearing 39 SE 3 PL ROSE SESSA Christina Caserta 2024-00000972 Active H-FIRST HEARING - First Hearing 401 E SHERIDAN ST SUSO 5 SHERIDAN LP C/O: SLATE ASSET MANAGEMENT LP Christina Caserta Page 11 of 181 City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 October 9, 2024 Special Magistrate Hearing Page 4 of 8 2024-00000973 Active H-FIRST HEARING - First Hearing 401 E SHERIDAN ST SUSO 5 SHERIDAN LP C/O: SLATE ASSET MANAGEMENT LP Christina Caserta 2024-00000974 Active H-FIRST HEARING - First Hearing 1351 SE 7 AVE SCG ATLAS SHERIDAN OCEAN CLUB LLC C/O: RYAN LLC Christina Caserta 2024-00000985 Active H-FIRST HEARING - First Hearing 530 SE 12 ST SCG ATLAS SHERIDAN OCEAN CLUB LLC % RYAN LLC Christina Caserta 2024-00001002 Active H-FIRST HEARING - First Hearing 180 E DANIA BEACH BLVD DAWSON JOHNSON OPERATIONS LLC/ DAWSON OPERATIONS Christina Caserta 2024-00001044 Active H-REPEAT HEARING - Repeat Hearing 402 SE 5 ST VITALY STESIK C/O: 402 SE 5TH STREET LLC Christina Caserta 2024-00001053 Active H-FIRST HEARING - First Hearing NW 13 AVE RIQUER GONZALEZ, MAURICIO JAVIER TAYLOR, VILMA A Christina Caserta 2024-00001099 Active H-REPEAT HEARING - Repeat Hearing 414 SE 5 ST MORALES, EUGENIA GARAY, RANDOLPH Christina Caserta 2024-00001100 Active H-REPEAT HEARING - Repeat Hearing 414 SE 5 ST MORALES, EUGENIA Christina Caserta 2024-00001101 Active H-FIRST HEARING - First Hearing 402 SE 5 ST VITALY STESIK 402 SE 5TH STREET LLC Christina Caserta 2024-00001498 Active H-FIRST HEARING - First Hearing 235 SE 6 ST NAHUM KORNBLUH Christina Caserta Page 12 of 181 City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 October 9, 2024 Special Magistrate Hearing Page 5 of 8 2024-00001573 Active H-FIRST HEARING - First Hearing 422 SE 3 ST PAVEL STEPANOV Christina Caserta 2022-00001469 Active H-ABATEMENT - Abatement Hearing 610 SW 2 AVE BAILEY, DWAYNE Michelle Shahryar 2023-00000845 Active H-ABATEMENT - Abatement Hearing 212 SW 11 ST JULIANNA HOLDINGS LLC Michelle Shahryar 2023-00000946 Active H-CONFIRMATION - Confirmation Hearing 302 SW 1 AVE OLIVERO, STEPHANE J Michelle Shahryar 2023-00000948 Active H-CONFIRMATION - Confirmation Hearing 731 SW 3 PL SABA FL PROPERTIES LLC Michelle Shahryar 2023-00001388 Active H-EXTENSION - Extension Hearing 214 SW 2 TER JOYE INVESTMENTS CORP Michelle Shahryar 2024-00000214 Active H-EXTENSION - Extension Hearing 4581 SW 32 AVE LUSTREA, SIMION Michelle Shahryar 2024-00000904 Active H-FIRST HEARING - First Hearing 4080 RAVENSWOOD RD CUBESMART LP C/O: PTA-CS # 304 Michelle Shahryar 2024-00000905 Active H-FIRST HEARING - First Hearing 4080 RAVENSWOOD RD CUBESMART LP C/O: PTA-CS # 304 Michelle Shahryar 2024-00000911 Active H-FIRST HEARING - First Hearing 2501 SW 31 ST NEW YORK INFINITE LLC Michelle Shahryar 2024-00000918 Active H-FIRST HEARING - First Hearing 2501 SW 31 ST NEW YORK INFINITE LLC Michelle Shahryar 2024-00000933 Active H-FIRST HEARING - First Hearing 3201 SW 26 TER KENAN TRANSPORT COMPANY C/O: AMY LOWDERMILK Michelle Shahryar Page 13 of 181 City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 October 9, 2024 Special Magistrate Hearing Page 6 of 8 2024-00000935 Active H-FIRST HEARING - First Hearing 3201 SW 26 TER KENAN TRANSPORT COMPANY % AMY LOWDERMILK Michelle Shahryar 2024-00000952 Active H-FIRST HEARING - First Hearing 3240 SW 44 ST STEPHEN F MCGRATH INC Michelle Shahryar 2024-00001018 Active H-ABATEMENT - Abatement Hearing 4610 SW 30 AVE LAUREN BERDUGO-YARKONY Michelle Shahryar 2024-00001046 Active H-FIRST HEARING - First Hearing 3463 GRIFFIN RD C LOT GRIFFIN HARBOUR LLC Michelle Shahryar 2024-00001051 Active H-FIRST HEARING - First Hearing SW 34 TER GRIFFIN HARBOUR LLC Michelle Shahryar 2024-00001052 Active H-FIRST HEARING - First Hearing SW 34 TER GRIFFIN HARBOUR LLC Michelle Shahryar 2024-00001089 Active H-FIRST HEARING - First Hearing 3271 SW 44 ST MIRACLE 26 LLC Michelle Shahryar 2024-00001095 Active H-FIRST HEARING - First Hearing 5800-5840 LAKESHORE DR STIRLING ALYA LLC Michelle Shahryar 2024-00001432 Active H-FIRST HEARING - First Hearing 3463 GRIFFIN RD C LOT GRIFFIN HARBOR LLC Michelle Shahryar 2024-00001531 Active H-FIRST HEARING - First Hearing 3463 GRIFFIN RD C LOT GRIFFIN HARBOR LLC Michelle Shahryar 2024-00001577 Active H-FIRST HEARING - First Hearing 3463 GRIFFIN RD C LOT GRIFFIN HARBOR LLC Michelle Shahryar 2022-00001231 Active H-EXTENSION - Extension Hearing 5300 SW 40 AVE MAIMONIDES SHALOM ACADEMY INC Ricky Ali 2023-00001079 Active H-EXTENSION - Extension Hearing 4521 SW 42 AVE ROBERTO BOUZO Ricky Ali Page 14 of 181 City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 October 9, 2024 Special Magistrate Hearing Page 7 of 8 2024-00000299 Active H-ABATEMENT - Abatement Hearing 4924 SW 44 AVE LEVY, ISAAC Ricky Ali 2024-00000301 Active H-ABATEMENT - Abatement Hearing 4850 SW 44 AVE D A INVESTMENTS 777 LLC Ricky Ali 2024-00000611 Active H-EXTENSION - Extension Hearing 5950 SW 40 AVE PALM TOWERS EMERALD LLC Ricky Ali 2024-00000893 Active H-FIRST HEARING - First Hearing 1400 NW 1 ST UNITED HOUSE OF PRAYER ETAL MADISON S C TRSTEE Ricky Ali 2024-00000895 Active H-FIRST HEARING - First Hearing 1855 GRIFFIN RD A-310 DCOTA DEVELOPMENT CO LP % COHEN BROTHERS REALTY Ricky Ali 2024-00000896 Active H-FIRST HEARING - First Hearing 1855 GRIFFIN RD A-310 DCOTA DEVELOPMENT CO LP % COHEN BROTHERS REALTY Ricky Ali 2024-00000897 Active H-FIRST HEARING - First Hearing 1815 GRIFFIN RD UNIT 410 1815 BUILDING COMPANY LLC Ricky Ali 2024-00000899 Active H-ABATEMENT - Abatement Hearing 17 SW 8 AVE LUMAX USA LLC Ricky Ali 2024-00000990 Active H-FIRST HEARING - First Hearing 5841 SW 37 AVE HOVER PROPERTIES LLC Ricky Ali 2024-00001012 Active H-FIRST HEARING - First Hearing 402 SE 5 ST STESIK, VITALY 402 SE 5TH STREET LLC Ricky Ali 2024-00001021 Active H-FIRST HEARING - First Hearing 4781 SW 43 AVE ANG OVAK LLC Ricky Ali 2024-00001083 Active H-FIRST HEARING - First Hearing 5240 SW 40 TER 240 SW 40TH TERRACE LLC Ricky Ali 2024-00001209 Active H-FIRST HEARING - First Hearing 5961 SW 37 AVE 5961 HOLLYWOOD LLC Ricky Ali 2024-00001371 Active H-FIRST HEARING - First Hearing 4333 SW 51 ST HAMMO, GAL Ricky Ali Page 15 of 181 City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 October 9, 2024 Special Magistrate Hearing Page 8 of 8 2020-00000061 Active H-FIRST HEARING - First Hearing 702 SE 3 CT JASON KIRKCALDY JAMIE L DIMAURO Windy Damis 2022-00000158 Active H-ABATEMENT - Abatement Hearing 606 W DANIA BEACH BLVD BUTTS, MAUDIE L Windy Damis 2023-00001171 Active H-CONFIRMATION - Confirmation Hearing 2051 GRIFFIN RD 2051 GRIFFIN ROAD LLC Windy Damis 2024-00000309 Active H-CONFIRMATION - Confirmation Hearing 2871 W MARINA DR JULIE ZAPP Windy Damis 2024-00000518 Active H-EXTENSION - Extension Hearing 4960 SW 28 TER ROBERT E MYERS REV LIV TR MYERS, ROBERT E TRSTEE Windy Damis 2024-00000586 Active H-EXTENSION - Extension Hearing 4829 SW 29 TER 4829 SW 29TH TR JAMES, MARK G TRSTEE Windy Damis 2024-00001001 Active H-FIRST HEARING - First Hearing 2950 GRIFFIN RD 2950 GRIFFIN ROAD LLC C/O: ANGELA SULEYMANOVA Windy Damis 2024-00001085 Active H-FIRST HEARING - First Hearing 5220 SW 28 AVE WHITE, THOMAS JR Windy Damis 2024-00001136 Active H-FIRST HEARING - First Hearing 5712 PARK RD COHEN-LEVY ORLY Windy Damis Page 16 of 181 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, SEPTEMBER 24, 2024 – 7:00 P.M. 1. CALL TO ORDER/ROLL CALL Mayor Ryan called the meeting to order at 7:00 p.m. Present: Mayor: A. J. Ryan IV Vice-Mayor: Lori Lewellen Commissioners: Joyce L. Davis Tamara James Marco A. Salvino, Sr. City Manager: Ana M. Garcia, ICMA-CM City Attorney: Eve Boutsis City Clerk: Elora Riera, MMC 2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Mayor Ryan called for a moment of silence followed by the Pledge of Allegiance to the United States Flag. 3. BUDGET PUBLIC HEARGINS 3.1 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2024-2025 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN AND WHERE OBJECTIONS MAY BE HEARD AND QUESTIONS CONCERNING THE SAME WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) City Attorney Boutsis read the title of the resolution into the record. Page 17 of 181 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 24, 2024 – 7:00 p.m. 2 Mayor Ryan opened the floor for public comments and the following spoke under public comments: - Brenda Chalifour – 814 NW 10th Avenue Deputy City Manager Sosa-Cruz clarified some of the comments that were made during public comments. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 3.2 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE CITY’S FINAL ANNUAL BUDGET FOR THE FISCAL YEAR 2024-2025; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS WILL BE HEARD AND QUESTIONS CONCERNING THE BUDGET WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) City Attorney Boutsis read the title of the resolution into the record. Mayor Ryan opened the floor for public comments and the following spoke under public comments: - Brenda Chalifour – 814 NW 10th Avenue Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Service Award - Louis Brown, Public Services Department - Sponsored by Commissioner James Commissioner James and Chief Human Resources Officer Linda Gonzalez presented Louis Brown with a plaque and commended him for his 37 years of dedicated service to the city of Dania Beach. Mr. Brown thanked the Commission, City Manager Garcia, Deputy City Manager Sosa-Cruz and staff for the recognition. 4.2 Request for Approval of Proclamation - Hispanic Heritage Month - Sponsored by Vice Mayor Lewellen There was consensus to approve proclamation. Page 18 of 181 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 24, 2024 – 7:00 p.m. 3 4.3 Solid Waste Authority Budget Presentation - Sponsored by Mayor Ryan Mayor Ryan introduced the item and presented a PowerPoint on the Solid Waste Authority budget. 5. PROCLAMATIONS 5.1 Human Resource Professional Day - Sponsored by Mayor Ryan Mayor Ryan read the proclamation into the record. Chief Human Resources Officer Linda Gonzalez thanked the Commission, staff and her team. 5.2 Childhood Cancer Awareness Month - September 2024 - Sponsored by Commissioner Davis Commissioner Davis read the proclamation into the record. Sylvia Dominguez Vanni spoke about her son who she lost to childhood cancer and the Mystic Force Foundation. 5.3 Hispanic Heritage Month - Sponsored by Vice Mayor Lewellen Vice Mayor Lewellen read the proclamation into the record. 6. ADMINISTRATIVE REPORTS 5.1 City Manager Deputy City Manager Sosa-Cruz presented the managers report and touched on the following topics: - Broward County Public Schools Workshop held on September 17, 2024 - Sandbag Distribution on September 25, 2024 from 4:00 p.m. to 6:00 p.m. at Frost Park - Groundbreaking for the Southeast Drainage Project on September 26, 2024 at 4:30 p.m. - Dania After Dark Oktoberfest on October 12, 2024 5.2 City Attorney City Attorney Boutsis mentioned that item 9.5 on the Consent Agenda is the Large User Wastewater Agreement with the City of Hollywood; she attended the meeting last week and the City of Hollywood approved the tolling agreement. 5.3 City Clerk - Reminders City Clerk Riera reminded the Commission of the following upcoming meetings: - October 7, 2024 CRA Board Meeting - 5:30 p.m. Page 19 of 181 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 24, 2024 – 7:00 p.m. 4 - October 7, 2024 City Commission Meeting - 7:00 p.m. 7.PUBLIC SAFETY REPORTS Captain Tarala reported on recent criminal activity within the city to include a battery on an elderly resident, juveniles at Dania Pointe and a traffic enforcement stop resulting in the seizure of narcotics and weapons. He noted they are continuing their checks at the city parks, FEC Railroad, other areas of concern and they have their eye-in the-sky at Chester Byrd Park. The Shred-a-thon and Operation Medicine Cabinet event was very successful. They will be holding Coffee with a Cop at 212 Griffin Road on October 2nd and Night Out with Law Enforcement on October 25th at Frost Park. Fire Chief Pellecer spoke about Community Risk Reduction and the Firefighter Mental Health Initiative. They are currently waiting on the Safer Grant application and hope to know by the end of the month. He advised that the new recruit class has started, they are scheduled to graduate November 15th, and they will be running in the Dania Pointe 5k on October 13th. They are monitoring Hurricane Helene and ready to assist in the aftermath of the storm. 8. CITIZENS’ COMMENTS None. 9. CONSENT AGENDA Commissioner James made a motion to approve the consent agenda. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 9.1 Minutes: September 12, 2024 City Commission Meeting Approved under consent agenda. 9.2 Travel Requests: None. 9.3 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RENEWAL OF THE COMPREHENSIVE PROPERTY & CASUALTY INSURANCE PROGRAM FOR THE CITY THROUGH RISK MANAGEMENT ASSOCIATES, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, WHICH INSURANCE PACKAGE SHALL INCLUDE COVERAGE FOR PROPERTY, CRIME, LIABILITY, WORKERS’ COMPENSATION, AND OTHER COVERAGES TO INCLUDE THE NATIONAL FLOOD INSURANCE PROGRAM (“NFIP”), FOR A COMBINED ANNUAL PREMIUM AMOUNT OF TWO MILLION, TWO HUNDRED FIFTY-NINE THOUSAND SEVEN HUNDRED SEVEN DOLLARS ($2,259,707.00) FOR COVERAGE BEGINNING OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2025; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Human Resources) Page 20 of 181 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 24, 2024 – 7:00 p.m. 5 Approved under consent agenda. 9.4 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT AN AGREEMENT WITH UNITED HEALTHCARE FOR THE CITY’S MEDICARE SUPPLEMENTAL INSURANCE COVERAGE, PROCURED BY THE GEHRING GROUP AS BROKER OF RECORD, FOR INSURANCE COVERAGE BEGINNING JANUARY 1, 2025 THROUGH DECEMBER 31, 2025 FOR MEDICARE ELIGIBLE RETIRED EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS THAT EXCEEDS AN ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Human Resources) Approved under consent agenda. 9.5 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO TOLL ALL LIMITATIONS PERIODS ASSOCIATED WITH DANIA BEACH’S ABILITY TO SUE THE CITY OF HOLLYWOOD FOR THE ISSUES PERTAINING TO THE LARGE USER AGREEMENTS AS LITIGATED IN THE BROWARD COUNTY CIRCUIT COURT CASE STYLED CITY OF PEMBROKE PINES v. CITY OF HOLLYWOOD; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TOLLING AGREEMENT TO PRESERVE THE CITY’S STATUTE OF LIMITATIONS CLAIM DURING THE PENDING APPEALS BY THE CITY OF PEMBROKE PINES AND THE CITY OF HOLLYWOOD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Attorney) Approved under consent agenda. 9.6 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT (“HMMOA”) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (“FDOT”) FOR THE IMPROVEMENTS MADE AS PART OF THE N. 22nd AVENUE/SW 12TH AVENUE PROJECT FROM STIRLING ROAD TO SHERIDAN STREET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) Approved under consent agenda. 9.7 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF REVENUES AND Page 21 of 181 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 24, 2024 – 7:00 p.m. 6 EXPENDITURES WITHIN THE PUBLIC ART FUND FOR FISCAL YEAR 2024-25; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) Approved under consent agenda. 9.8 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR AND ACCEPT A BEAUTIFICATION GRANT AND ENTER INTO A BEAUTIFICATION GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR EAST DANIA BEACH BOULEVARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) Approved under consent agenda. 9.9 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN ENGAGEMENT LETTER THAT EXCEEDS THE ANNUAL VENDOR THRESHOLD TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00), WITH RONALD L. BOOK, P.A., FOR CONSULTING (LOBBYIST) SERVICES RELATED TO ISSUES OF CONCERN TO THE CITY OF DANIA BEACH INCLUDING MATTERS ASSOCIATED WITH BROWARD COUNTY AS WELL AS GENERAL LEGISLATION AND RELATED ISSUES AT THE STATE LEVEL IN AN AMOUNT NOT TO EXCEED SIXTY TWO THOUSAND FIVE HUNDRED DOLLARS ($62,500.00) FOR FISCAL YEAR 2024-25; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Manager) Approved under consent agenda. 10. BIDS AND REQUESTS FOR PROPOSALS 10.1 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RANKING OF FIRMS THAT RESPONDED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 24-015, ENTITLED “DESIGN SERVICES FOR P.J. MELI AQUATICS COMPLEX IMPROVEMENTS”, AND TO AUTHORIZE CONTRACT NEGOTIATIONS WITH THE TOP-RANKED RESPONDER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation) City Attorney Boutsis read the title of the resolution into the record. Director of Parks and Recreation Cassi Waren introduced the item. Page 22 of 181 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 24, 2024 – 7:00 p.m. 7 Commissioner James inquired if any changes might be necessary to the facility as it has been some time since the master plan was approved and Director of Parks and Recreation Cassi Waren responded yes, there is a utility easement that goes through were the building and pool was plotted on the master plan and they are looking at incorporating different elements. Commissioner James asked if the Commission would have input of the design and Director of Parks and Recreation Cassi Waren responded affirmatively. Commissioner Salvino inquired about the flooding and Director of Parks and Recreation Cassi Waren commented that it will be the first step to address. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 10.2 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RANKING OF FIRMS THAT RESPONDED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 24-019, ENTITLED “DESIGN SERVICES FOR OLSEN MIDDLE SCHOOL PARK PROJECT”, AND TO AUTHORIZE CONTRACT NEGOTIATIONS WITH THE TOP-RANKED RESPONDER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation) City Attorney Boutsis read the title of the resolution into the record. Director of Parks and Recreation Cassi Waren introduced the item. Commissioner James inquired about what safety measures were put into place for the Commission, seeing as how the school board changes directions a lot, so that they are comfortable moving forward and budgeting $5,000,000.00 on a property that they do not have clear direction on. Deputy City Manager Sosa-Cruz responded that the City has an agreement with terms and the school board is very supportive of the agreement and there have been discussions on creating programs around the sports theme due to the park. The only issue is working out the empty space, the facility and how the City could partner. Commissioner James asked City Attorney Boutsis if there is anything legally binding that protects the City and our financial investment of this property. City Attorney Boutsis responded that she recalls provisions securing the funds, but she will provide the exact language tomorrow morning. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 10.3 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID (“ITB”) NO. 24-018, ENTITLED, “MULLIKIN PARK IMPROVEMENTS” TO BEJAR CONSTRUCTION, INC., Page 23 of 181 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 24, 2024 – 7:00 p.m. 8 IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTEEN THOUSAND FOUR HUNDRED SIXTY-ONE DOLLARS ($615,461.00), PLUS FIFTY THOUSAND DOLLARS ($50,000.00) IN CONTINGENCY FUNDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation) City Attorney Boutsis read the title of the resolution into the record. Director of Parks and Recreation Cassi Waren introduced the item. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 10.4 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RANKING OF CONSULTING FIRMS THAT RESPONDED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 24-012, ENTITLED “DESIGN SERVICES FOR THE NW 1 STREET COMPLETE STREETS IMPROVEMENT PROJECT”, AND SELECTING KIMLEY-HORN & ASSOCIATES AS THE FIRST RANKED FIRM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) City Attorney Boutsis read the title of the resolution into the record. Deputy Director of Public Services Dincer Ozaydin introduced the item. Commissioner James asked what the timeline is for the project and Deputy Director of Public Services Dincer Ozaydin responded that the design should be six months, and the construction should be six to nine months. Discussion ensued regarding the railroad tracks and the safety in the area. Deputy Director of Public Services Dincer Ozaydin responded that they have been working with Metropolitan Panning Organization along with the FEC for improvements. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 11. QUASI-JUDICIAL HEARINGS None. 12. FIRST READING ORDINANCES 12.1 ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO SECTION 22-7A, OF THE CITY’S CODE OF ORDINANCES; AUTHORIZING CO-DESIGNATION OF A PORTION OF NW 2ND STREET, BETWEEN Page 24 of 181 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 24, 2024 – 7:00 p.m. 9 NW 4TH AVENUE AND NW 14TH WAY, BE KNOWN AS “NW 2ND STREET/HENRY N. WHITE, SR. STREET”, AFTER HOLDING TWO PUBLIC HEARINGS, AND AFTER A 4/5 VOTE OF THE ENTIRE CITY COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) City Attorney Boutsis read the title of the resolution into the record. Deputy Director of Community Development Corinne Lajoie introduced the item. Commissioner James made a motion to approve the ordinance on first reading. The motion was seconded by Commissioner Davis which carried unanimously on voice vote. 13. SECOND READING ORDINANCES None. 14. DISCUSSION AND POSSIBLE ACTION None. 15. APPOINTMENTS 15.1 Education Advisory Board - 2 vacancies - Vice Mayor Lewellen - Commissioner James (Switched with Commissioner Salvino at 9/12/24 meeting) Vice Mayor Lewellen deferred her appointment at this time. Commissioner James appointed Ren Maddie. 15.2 Marine Advisory Board - 2 vacancies - Vice Mayor Lewellen - Commissioner Salvino (Switched with Commissioner James at 9/12/24 meeting) Vice Mayor Lewellen appointed Michael Porter. Commissioner Salvino Appointed Robert Ostrov. Commissioner James made a motion to approve the appointments. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 16. COMMISSION COMMENTS 16.1 Commissioner Davis Commissioner Davis spoke about attending the Collins Partners breakfast this morning and commended Dr. Jackson for bringing all parts of the community together. She said she attended the Jewish Women’s Circle of the Chabad of Dania Beach and had a wonderful sisterhood of a Page 25 of 181 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 24, 2024 – 7:00 p.m. 10 time making Challah bread. She thanked Mushka and the Chabad of Dania Beach for providing a wonderful event. Commissioner Davis would like to use the remainder of her contingency funds for the following: - $2,500.00 for Post 304 Women’s Auxiliary for their Girl’s State Program - $3,000.00 to Olsen Middle School Robotics Program - $2,000.00 to Collins Elementary School for their Respect Program and Leadership Lunch - $2,000.00 to Dania Elementary Schools for their Teacher Appreciation Week and Program - $1,000.00 to the Lions Club for helping with Back-to-School supplies - $1,000.00 to the Historical Society - $4,100.00 to Lighthouse 4Students swimming program - $1,000.00 to Mystic Force Foundation - $300.00 to the Gracefully Aging Breast Cancer table for October 5th Consensus was received from the Commission. 16.2 Commissioner James Commissioner James requested everyone to keep her family in their prayers. Commissioner James would like to use the remainder of her contingency funds for the following: - $5,000.00 to support her Thanksgiving Drive - $3,500.00 to the girls mentoring program, Royalty held at C.W. Thomas Park - $3,500.00 to Loretta’s Heart Care for senior’s Christmas She noted that she does have a conflict-of-interest form that she will complete to protect herself and her affiliation that she has with any of the listed organizations. Consensus was received from the Commission. 16.3 Commissioner Salvino Commissioner Salvino would like to use the remainder of his contingency funds for the following: - $5,000.00 to the Tamara James Foundation for the Turkey Drive - $2,500.00 to American Legion Post 304 - $2,500.00 to American Legion Post 209 - $1,500.00 to Dania Beach Lions Club - $1,000.00 to the Historical Society - $1,000.00 to Dania Beach Parks and Recreation Youth Summer Camp - $1,000.00 to Dania Beach Parks and Recreation After School Program Scholarships - $1,000.00 to Mystic Force Foundation He would like to roll over and funds he has remaining. Page 26 of 181 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 24, 2024 – 7:00 p.m. 11 Consensus was received from the Commission. 16.4 Vice-Mayor Lewellen Vice Mayor Lewellen would like to use the remainder of her contingency funds for the following: - $9,000.00 to Olsen Middle School for branded reusable water bottles for students - $3,000.00 to MAHT Broward for Dania Beach Homeless Outreach - $2,000.00 to Dania Beach Parks and Recreation for the Teen Program for Spring and Winter break - $1,000.00 to the Dania Beach Lions Club There was authorization from the commission to use the city logo on the water bottles. Consensus was received from the Commission. She reminded everyone to stay safe with the coming storm. 16.5 Mayor Ryan Mayor Ryan would like to use the remainder of her contingency funds for the following: - $5,000.00 to American Legion Post 304 - $5,000.00 to American Legion Post 209 - $4,000.00 to Dania Beach Historical Society - $2,325.00 to Dania Beach Lions Club - $2,325.00 to Dania Beach Improvement Committee Consensus was received from the Commission. Mayor Ryan commended the Commission on supporting the community and civic organizations. Chief Financial Officer Frank DiPaolo noted that Commissioner Davis is short by $1,950.00. Mayor Ryan requested to take her balance out of the Commission contingency to cover the funds and there was Commission consensus. Commissioner Davis added that she forgot Love Our Nation and requested an additional $2,000.00 to go to Love Our Nation. There was Commission consensus. Commissioner James asked how much is left in the commission contingency and Chief Financial Officer Frank DiPaolo responded that there is about $150,000.00 left in the commission contingency. Commissioner James asked Commissioner Davis about the Partnership Meeting today and if there was anything on Dr. Jackson’s list that the Commission could support. Commissioner Davis responded that Dr. Jackson had a list of things. Commissioner James said she would bring Page 27 of 181 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 24, 2024 – 7:00 p.m. 12 the matter back at the next meeting as they clearly have the funds in the commission contingency. There was commission consensus for her to bring it back at the next meeting. Commissioner Salvino said that the shortage for Commissioner Davis’s contingency can come from his contingency funds as he has some remaining. Chief Financial Officer Frank DiPaolo responded that when we add up the remainder of what is left between Commissioner Salvino, Commissioner James and Vice-Mayor Lewellen combined with the shortage of Commissioner Davis, we are short by $33.00, it all balances out between the individual commissioner contingencies. Mayor Ryan continued with his comments and said that the city keeps the residents very informed with the CORE conversations and the Pioneer Publication. The city is not trying to keep anything from the residents and if anyone has more questions, feel free to call the commission and city staff. He reminded everyone of the upcoming Dania After Dark events and the City’s 120th Birthday. 17. ADJOURNMENT Mayor Ryan adjourned the meeting at 8:45 p.m. ATTEST: CITY OF DANIA BEACH ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR Approved: Page 28 of 181 City of Dania Beach Finance Memorandum DATE: 10/7/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Frank L. DiPaolo, Chief Financial Officer SUBJECT: A Resolution of the City Commission amending the City Commission Discretionary Funds Use Policy Request: The City Administration requests approval of a Resolution amending the City Commission Discretionary Funds Use Policy providing for placement of requests on City Commission meeting agendas for approval prior to the obligation of funds. Background: On March 8, 2022, the City Commission approved Resolution No. 2022-041 adopting a Community Grant Policy and Discretionary Funds Use Policy. The Policy provides for the annual budgeting of "Discretionary Funds" for the Mayor and each Commissioner to be invested in community projects and initiatives. While the Policy provides formal guidelines for the use of Discretionary Funds, it only provides for verbal request/consensus approval of funding at City Commission meetings. The City Administration recommends that the Policy be amended to provide for placement of all uses of Discretionary Funds on the City Commission Meeting Agenda, through the use of a Request Form, and to include the appropriate supporting information for review by the City Administration. This recommended change will allow for advance review of items by both staff and the elected officials, providing for a more transparent and proactive request process. Budgetary Impact None. Recommendation Approve the Resolution amending the City Commission Discretionary Funds Use Policy. Page 29 of 181 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY COMMISSION “DISCRETIONARY FUNDS USE POLICY”; PROVIDING FOR PLACEMENT ON CITY COMMISSION MEETING AGENDAS FOR APPROVAL PRIOR TO THE OBLIGATION OF FUNDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On March 8, 2022, the City Commission approved Resolution No. 2022-041 adopting a Community Grant Policy and Discretionary Funds Use Policy; and WHEREAS, Exhibit “A” relating to grant applications remains unchanged; and WHEREAS, Exhibit “B” is modified as it relates to discretionary fund use; and WHEREAS, the City Administration recommends an amendment to the Discretionary Funds Use Policy providing for placement on City Commission meeting agendas for approval prior to the obligation of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the foregoing “Whereas” clauses are ratified and confirmed to be true and correct and they are made a part of and are incorporated into this Resolution by this reference. Section 2.That pursuant to this Resolution, the City Commission adopts amendments to the Discretionary Fund Account Policy, a copy of which Policy is attached, marked as Exhibit “B” and it is made a part of and incorporated into this Resolution by this reference. Section 3.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4.That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on , 2024. Motion by __________________________, second by ___________________________. SPACE INTENTIONALLY LEFT BLANK Page 30 of 181 2 RESOLUTION #2024-______ FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 31 of 181 3 RESOLUTION #2024-______ EXHIBIT A City of Dania Beach Community Grant Program Policy and Guidelines PURPOSE Many programs and services are provided through the efforts of local non-profit organizations to enhance the life experience of City residents, complementing, and often supplementing programs beyond the City’s capability. Establishing the Dania Beach Community Grant Program (DBCGP) demonstrates the City Commission’s commitment to working with these local non-profit organizations that provide beneficial programs and services to the community. These guidelines serve to ensure that programs and events supported by grant awards are aligned with the City’s strategic planning goals adopted in 2021, as follows: ➢Financially sound and responsible City, providing services valued by the community ➢Investment in upgrading City infrastructure and facilities ➢Your hometown in Broward County – A vibrant and sustainable community ➢Opportunities for leisure and cultural experiences FUNDING PROCESS Each year, the City Commission will establish the total amount of available funding for the DBCGP during the budget process, with guidance and input from the City Manager and Finance Director. This amount will drive the not-to-exceed individual award amount and total number of awards, which will be noticed on the City’s website once the application cycle has begun. APPLICATION CYCLE The application cycle for the program begins on October 1 each year. Completed applications are due by November 30 or as otherwise outlined in the public notice published on the City’s website. Awards will be announced by early February. ELIGIBILITY The City of Dania Beach may, at the discretion of the City Commission, provide direct monetary grants, donations, or contributions to local non-profit organizations who demonstrate their eligibility based on the following criteria: •Initiate or deliver programs and services to the residents of Dania Beach; or •Provide events of local significance, which could be expected to bring economic, public relations, or social benefit to the City, including promoting environmental awareness, educational excellence, expansion of the arts, or scientific research; or Page 32 of 181 4 RESOLUTION #2024-______ •Provide programs and services to address any urgent and pressing events and natural disasters (i.e. public health crisis, tropical weather events) Grants may be provided to eligible applicants for: •General operating and capital expenses including administrative costs and program-related expenses •Activities/functions generally occurring within City boundaries •Programs/activities/functions addressing a community need, responding to an under- served demand, or contributing to the positive image of the City Ineligible Organizations The DBCGP will not support and considers ineligible the following: •Non-profit organizations without a tax-exempt status •For-profit organizations •Private foundations •Organizations or programs designed to influence legislation or elect candidates to public office •Faith-based organizations that intend to use funding to promote a particular religious faith, creed or doctrine •Community or event advertising •Student trips or exchange programs Disallowed Expenditures The following is a list of disallowed expenditures which is not intended to be all-inclusive. The City may, at its sole discretion, determine that an expenditure is not valid at any time during the application, award, and/or expenditure cycle. •On a retroactive basis for events that have already occurred •To support programs or services which are operated under the authority of another level or unit of government •Donations to general charitable causes that have no observable benefit to the City or its residents •For debt retirement •To an applicant that has an overdue amount owing to the City •Cell phones, smartphones, and similar electronic devices, including service costs to support such devices •Proposal preparation •Pre-award costs •Entertainment (i.e. disc jockey, band, performers for social events) •Out-of-state travel; non-local travel expenses •Gift cards •Purchase/lease of facilities and/or vehicles (e.g., buildings, buses, vans) •Land acquisition •Furniture •Honorariums for presenters/speakers •Kitchen appliances (e.g., refrigerators, microwaves, stoves, tabletop burners) Page 33 of 181 5 RESOLUTION #2024-______ •Any expenditures not aligned with the City’s adopted strategic plan and/or the core purpose and intentions of the Community Grants Program Restrictions •Organizations can only submit one funding application per year •If the programs or services proposed in the organization’s application are not commenced or not completed within the current fiscal year and there remain City’s funds on hand, or are completed without requiring the full use of the City’s funds, the balance of the contributed funds must be returned to the City •The granting of assistance in any year is not to be considered a commitment to providing grant funding assistance in a future year •Funding is provided only for the sole purpose for which it was awarded within the current fiscal year APPLICATION PROCESS The requirements listed below will be used as conditions when screening the applications to indicate whether the application is completed in full. Each organization applying is required to provide: •Completed application executed by President/CEO/Chairperson •Detailed itemized budget for current budget year •Copy of IRS letter or certificate verifying tax exempt status •Copies of IRS filings/returns for last three years (if applicable) •Proof of active corporate registration status (Sunbiz.org) •Current copy of IRS Form W-9 •List of Board of Directors •Articles of Incorporation •A statement of the organization’s goals and objectives and how the specific funding request is aligned with the City’s adopted strategic plan •A description of how the organization intends to measure the success of the program or service if the funding request is approved •Demonstrated need for financial assistance •If organizations are requesting grant funding for a specific event/project, they must provide a budget for the event/project •That adequate funding for the programs or services is not available from other sources Additional documents that may be required during the application review process: •Audited financial statement along with an audit opinion for the most recent fiscal year; OR •Unaudited financial statement along with a certified statement from the organization’s President/CEO/Chairperson and Treasurer. REVIEW PROCESS Applications that demonstrate a surplus as shown on the income statement of the event or program being hosted will not be considered. Staff will review the remaining applications using the Page 34 of 181 6 RESOLUTION #2024-______ requirements as conditions when screening each application to distinguish whether the application meets the requirements and should be considered for funding. Staff will only bring forward applications that meet the minimum requirements stated in the policy. A report summarizing the eligible submissions will be submitted by staff to the City Manager for review and placement on a City Commission meeting agenda. Applicants will be advised of the scheduled meeting date at which their application will be considered. Grant recipients will be required to acknowledge the support of the City of Dania Beach in all advertising, publicity, programs, and signage for which funds are granted. The recipient may not represent the City as a partner or hold the City responsible for any obligations relating to the grant initiative. Additionally, the City shall not be held liable for claims against a recipient in connection with a program, project, initiative, or event funded by a City grant award. If at any time, it is determined that an applicant knowingly provided false information (whether material in nature) in an attempt to obtain a City financial contribution will be permanently disqualified from the program. PROGRAM REQUIREMENTS & MONITORING Upon award notification and prior to disbursement of award, recipients must execute a binding Agreement that outlines the grant conditions between the City and recipient. Additional information may be required at the City’s discretion, based on the usage of funds. Recipients will be required to maintain detailed documentation of all grant expenditures. Failure to comply with this requirement may result in disqualification from future grant cycles. All expenditures must be completed by September 30th. If the expenditure of funds is delayed due beyond unforeseen circumstances, the recipient must make a request in writing to the City Manager to extend past the expenditure deadline for the particular award cycle. FINAL REPORT Recipients must submit a Final Report to the City Manager’s office by October 15th. The report will indicate the amount of funds received, use of the funds, and any other information or images that show the direct benefit to the community. Failure to submit a Final Report may result in disqualification from future grant cycles. EFFECTIVE DATE This policy shall become effective upon adoption by the City Commission. Page 35 of 181 7 RESOLUTION #2024-______ EXHIBIT B City of Dania Beach City Commission Discretionary Funds Use Policy PURPOSE In fiscal year 2021-22, the City Commission established, through the annual budget process, Discretionary Funds accounts for each City Commissioner, to be invested in community projects and initiatives. The purpose of this policy is to establish formal guidelines for the use of Discretionary Funds by City Commissioners. Where not provided for in this policy, the use of Discretionary Funds must follow the terms of the Community Grants Policy and any other applicable City policies. In no way should the use of Discretionary Funds circumvent the Community Grants Policy, whether intentional or not. Finally, the goal of the policy is to provide the same transparency and accountability as the Community Grant Program, and all expenditure of Discretionary Funds shall be aligned with the City’s adopted strategic planning goals. ANNUAL DISCRETIONARY FUND AMOUNT Each year, through the annual budget process, the City Commission will establish the total amount of Discretionary Funds available and the amount per City Commissioner. APPROVAL PROCESS Any encumbrance or expenditure of Discretionary Funds shall first be approved via consensus of the City Commission at a public meeting must be formally approved by the City Commission prior to obligation. All requests must be placed on the City Commission Meeting Agenda using the Discretionary Funds Use Request Form (attached to this policy as Appendix I), which form may be amended from time to time by the City Administration. The agenda item/request must also include the appropriate supporting information (nonprofit information, back-up to support funding request) for review by the City Administration. PROCUREMENT The Finance Department is responsible for all procurement-related aspects to ensure satisfaction of all purchasing policy items. The use of discretionary funds shall not in any way circumvent any City policy. This includes, but is not limited to, obtaining required verbal/written quotes, vendor registrations, issuance of purchase orders, and payments. ELIGIBLE RECIPIENTS Page 36 of 181 8 RESOLUTION #2024-______ In most cases, eligibility is aligned with the terms of the City’s Community Grants Program. The following list of eligible entities is not all-inclusive: •Active not-for-profit organizations •Faith-based organization that do not use funding to promote a particular religious faith, creed, or doctrine •Schools •After School Programs •Community Associations ELIGIBLE USES OF DISCRETIONARY FUNDS In most cases, eligibility is aligned with the terms of the City’s Community Grants Program. The following list of eligible uses of discretionary funds is not all-inclusive: •General operating and capital expenses including administrative costs and program-related expenses •Activities/functions generally occurring within City boundaries •Programs/activities/functions addressing a community need, responding to an under- served demand, or contributing to the positive image of the City PROGRAM RESTRICTIONS Funding may be allocated to an organization only once in a particular fiscal year. The award of Discretionary Funds in a fiscal year is not to be considered a commitment to providing funding in a future year. An organization may only receive either a Community Grant or Discretionary Funds in a particular fiscal year, but not from both programs in the same year. EFFECTIVE DATE This policy shall become effective upon adoption by the City Commission. Page 37 of 181 9 RESOLUTION #2024-______ Requestor: Recipient: Brief description of Recipient's mission/commitment to the City of Dania Beach: Description of how the funds will be used/deliverables: Review ed by: Legal Finance City Manager Submitted by:Date of submission: Agenda Date: Request Amount: City of Dania Be a c h Re quest F orm Request Date: Disc re tiona ry F unds Use APPENDIX I Page 38 of 181 City of Dania Beach Public Services Memorandum DATE: 10/7/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Dincer A. Ozaydin, P. E., Deputy Director/City Engineer SUBJECT: RESOLUTION AUTHORIZING THE CITY TO UTILIZE THE CONTRACT BETWEEN CHRISTMAS DESIGNERS INC. AND THE CITY OF SARASOTA CONTRACT FOR THE PROVISION AND INSTALLATION OF HOLIDAY DECORATIONS Request: City administration is requesting the adoption a resolution authorizing the Public Services Department (PSD) to waive the formal process for the procurement of holiday decorations at a cost not to exceed $220,000 and exceed the City’s $50,000 vendor threshold utilizing the City of Sarasota contract (Bid No. 24-35SP) with Christmas Designers (CD). Background: As the City continues to make improvements to further enhance the quality of life of all residents and its image to visitors, holiday decorations will play an important role. This coming holiday season will feature three-dimensional gift boxes and holiday images outfitted with LED lights, as well as garlands mounted on streetlight posts along the Dania Beach Boulevard (east of US1) and Stirling Road (sections within City boundaries) corridors. The previous holiday season’s lit decorations along our main corridors’ medians have been a success due primarily to the competent and reliable work of the vendor used by the City, Christmas Designers (CD). The City of Sarasota executed a contract with CD in July 2024 for a three-year period with the option of a two additional one-year terms. Sarasota and CD have both approved the use of the contract for the term noted. PSD has determined that the use of CD’s Contract services can be obtained at the least cost to the City. The proposal provided by CD based on the Sarasota agreement rates. The Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts more than the established monetary threshold without competitive bidding and without advertisement for bids if he or she is authorized to do so in advance by a resolution adopted by the City Commission. Page 39 of 181 Budgetary Impact Funding for this expenditure in an amount not to exceed $220,000 will be appropriated in the fiscal year 2024/2025, the City Manager’s recommended budget in the City’s Facilities Maintenance Fund Contractual Services Account No. 505-39-02-539-34-10. The specific cost for the 2024/25 holiday season decorations will be based on the proposal for the median decorations as well as trees and light posts to be decorated along Dania Beach Boulevard (east of US1) and Stirling Road, applying the CD contract rates. Recommendation PSD recommends the adoption of the attached resolution authorizing PSD to utilize the City of Sarasota contract with Christmas Designers for a for a three-year period with the option of a two additional one-year terms to furnish and install holiday decorations in various locations, including City Hall, some of our parks building frontages, the Ocean Park pier and along the city’s main corridors. Additionally, authorization to exceed the $50,000 annual single vendor threshold is requested. Page 40 of 181 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE WAIVER OF COMPETITIVE BIDDING FOR THE FURNISHING AND INSTALLATION OF HOLIDAY DECORATIONS FROM RILEIGHS OUTDOORS, LLC D/B/A CHRISTMAS DESIGNERS FLORIDA, UNDER THE CITY OF SARASOTA AGREEMENT, AT A COST NOT TO EXCEED TWO HUNDRED AND TWENTY THOUSAND DOLLARS ($220,000.00) FOR FISCAL YEAR 2024-25; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he/she is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and WHEREAS, the City Administration has directed the Public Services Department (PSD) to provide high quality and aesthetically appealing holiday decorations along the City’s main corridors; and WHEREAS, PSD has utilized Christmas Designers Florida (CDF) for the furnishing and installation of holiday decorations (the “Services”) in past holiday seasons and is satisfied with their performance and pricing; and WHEREAS, PSD is requesting City Commission approval to waive competitive bidding and utilize the City of Sarasota agreement with CDF pursuant to Request for Proposals (RFP) No. 24-35SP, for the Services for the term of the agreement, provided funding is available and appropriated; and WHEREAS, the City Administration recommends that the City Commission authorize the waiver of competitive bidding and to utilize CDF under the City of Sarasota agreement for the provision of the Services. Page 41 of 181 2 RESOLUTION #2024-______ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2.That the proper City officials are authorized to execute an Agreement with Rileighs Outdoors, LLC D/B/A Christmas Designers Florida for the Services in an amount not to exceed Two Hundred Twenty Thousand Dollars ($220,000.00) for fiscal year 2024-25, which Agreement is attached as Exhibit “A”, and it is made a part of and is incorporated into this Resolution by this reference. Section 3.That the City may utilize the City of Sarasota agreement pursuant to RFP No. 24-35SP for future fiscal years in which the Services are needed, for as long as the agreement is still in effect, in an amount that exceeds the annual vendor threshold of Fifty Thousand Dollars ($50,000.00). Section 4.That funding for the Services is appropriated and available within the Facilities Maintenance Fund Contractual Services Account 505-39-02-539-34-10. Section 5.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6.That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2024. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ SIGNATURES ON THE FOLLOWING PAGE Page 42 of 181 3 RESOLUTION #2024-______ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 43 of 181 1 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND RILEIGHS OUTDOORS, LLC D/B/A CHRISTMAS DESIGNERS FLORIDA TO PROVIDE HOLIDAY DECORATIONS ALONG THE CITY’S MAIN CORRIDORS UNDER THE CITY OF SARASOTA SOLICITATION NO. 24- 35SP. This is an Agreement (“Agreement”) dated ____________________, 2024, between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Rileighs Outdoors, LLC d/b/a Christmas Designers Florida (“Contractor”), a foreign limited liability company authorized to conduct business in Florida with a local mailing address of 3124 Northwest 16 Street, Pompano Beach, Florida 33064. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The current Agreement issued under Solicitation No. 24-35SP between the City of Sarasota and the Contractor, along with the Bid Packet for the aforementioned solicitation, are attached as composite Exhibit “A”, and made a part of and is incorporated into this Agreement by this reference, shall be considered a part of this Agreement between the City and the Contractor; provided, however, that if Contractor contracts with any other governmental agency in Florida and service rates are lower than those afforded to any entity for such purchases, then Contractor shall provide such lower rates to the City. 2. The term of this Agreement shall be through September 30, 2027. 3. Any reference to “City” throughout the Agreement in composite Exhibit A, shall mean the City of Dania Beach. 4. Any reference to the City Clerk of the City of Sarasota in Section 8, “Public Records” of composite Exhibit A, shall be replaced with the City Clerk for Dania Beach, Elora Riera, MMC, City of Dania Beach 100 W. Dania Beach Blvd, Dania Beach, Florida 33004, eriera@daniabeachfl.gov. 5. Any insurance policy required pursuant to Section 29, “Insurance” of composite Exhibit A, would name the City of Dania Beach as additional insured under this Agreement. A copy of the insurance certificate shall be provided to the City of Dania Beach upon execution of this Agreement. 6. The cost for the median decorations, trees and light posts to be decorated along Dania Beach Boulevard (east of US #1) and Striling Road, will be a not-to-exceed amount of $220,000.00. 7. That in all other respects, the terms of composite Exhibit “A” apply to this Agreement. Page 44 of 181 2 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC ARCHIBALD J. RYAN IV, MAYOR CITY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY ANA M. GARCIA, ICMA-CM CITY MANAGER Page 45 of 181 3 CONTRACTOR: Rileighs Outdoors, LLC d/b/a Christmas Designers Florida WITNESSES: SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF ____________________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on ______ , 2024, by ________________________, as __________________________ of Rileighs Outdoors, LLC d/b/a Christmas Designers Florida. He/She is personally known to me or has produced ____________ as identification. NOTARY PUBLIC My Commission Expires: State of Florida Page 46 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 1 of 13 PROPOSAL CITY OF DANIA BEACH Installation Address: 1201 Stirling Road, Dania Beach FL 33004 AREA 1 – FEDERAL HIGHWAY Total 21.29 Amps For each of the fifty-one (51) FDOT Light Poles, located on Federal Highway going South from Old Griffin Road to Sheridan Street, we will wrap up the pole with eight (8) Pure White Commercial-grade LED light sets and at the top do a Color Band with two (2) Green Commercial-grade LED light sets. 408 Commercial-grade LED light sets Pure White $ 13,056.00 102 Commercial-grade LED light sets Green $ 3,264.00 Equipment Charge $ 1,530.00 For each of the eighteen (18) FDOT Light Poles, additional with power to be added, we will wrap up the pole with eight (8) Pure White Commercial-grade LED light sets and at the top do a Color Band with two (2) Green Commercial-grade LED light sets. 144 Commercial-grade LED light sets Pure White $ 4,608.00 36 Commercial-grade LED light sets Green $ 1,152.00 Equipment Charge $ 540.00 TOTAL AREA 1 $ 24,150.00 AREA 2 – DANIA BEACH BLVD Total 5.01 Amps For each of the twelve (12) Light Poles, of total twenty-five, located on Dania Beach Boulevard from US1 going East to the last building, Motel 6, on the North Side, we will wrap up the pole with eight (8) Pure White Commercial-grade LED light sets and at the top do a Color Band with two (2) Green Commercial-grade LED light sets. 96 Commercial-grade LED light sets Pure White $ 3,072.00 24 Commercial-grade LED light sets Green $ 768.00 Equipment Charge $ 360.00 TOTAL AREA 2 $ 4,200.00 LEGEND Explanation of symbols on General Terms page Page 47 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 2 of 13 AREA 3 – GRIFFIN RD Total 31.55 Amps For each of twenty-five (25) Light Poles, of total sixty-seven, located from Griffin Road West of I95 to State Road 7, we will wrap up the pole with twelve (12) Pure White Commercial-grade LED light sets and at the top do a Color Band with two (2) Green Commercial-grade LED light sets. 300 Commercial-grade LED light sets Pure White $ 9,600.00 50 Commercial-grade LED light sets Green $ 1,600.00 Equipment Charge $ 1,250.00 For twenty-nine (29) Light Poles, located from Griffin Road and Federal Highway to I95, we will wrap up the pole with twelve (12) Pure White Commercial-grade LED light sets and at the top do a Color Band with two (2) Green Commercial-grade LED light sets. 348 Commercial-grade LED light sets Pure White $ 11,136.00 58 Commercial-grade LED light sets Green $ 1,856.00 Equipment Charge $ 1,450.00 For forty-four (44) Light Poles, additional with power to be added, we will wrap up the pole with twelve (12) Pure White Commercial-grade LED light sets and at the top do a Color Band with two (2) Green Commercial-grade LED light sets. 528 Commercial-grade LED light sets Pure White $ 16,896.00 88 Commercial-grade LED light sets Green $ 2,816.00 Equipment Charge $ 2,200.00 TOTAL AREA 3 $ 48,804.00 Page 48 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 3 of 13 AREA 4 – STIRLING RD Total 7.93 Amps For twenty-five (25) Light Poles, of total thirty-eight, located on Stirling Road East and Federal Highway/US1 going West to North Park Road, we will wrap up the pole with eight (8) Pure White Commercial-grade LED light sets and at the top do a Color Band with two (2) Green Commercial-grade LED light sets. 200 Commercial-grade LED light sets Pure White $ 6,400.00 50 Commercial-grade LED light sets Green $ 1,600.00 Equipment Charge $ 750.00 For six (6) Light Poles, additional with power to be added, we will wrap up the pole with eight (8) Pure White Commercial-grade LED light sets and at the top do a Color Band with two (2) Green Commercial-grade LED light sets. 48 Commercial-grade LED light sets Pure White $ 1,536.00 16 Commercial-grade LED light sets Green $ 512.00 Equipment Charge $ 180.00 TOTAL AREA 4 $ 10,978.00 AREA 5 – SHERIDAN Total 7.93 Amps For nineteen (19) Light Poles, located on Sheridan, we will wrap up the pole with eight (8) Pure White Commercial-grade LED light sets and at the top do a Color Band with two (2) Green Commercial-grade LED light sets. 152 Commercial-grade LED light sets Pure White $ 4,864.00 38 Commercial-grade LED light sets Green $ 1,216.00 Equipment Charge $ 570.00 TOTAL AREA 5 $ 6,650.00 Page 49 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 4 of 13 AREA 6 – WEST DANIA BEACH BLVD Total 5.43 Amps For thirteen (13) Light Poles, located West Dania Beach Blvd., we will wrap up the pole with eight (8) Pure White Commercial-grade LED light sets and at the top do a Color Band with two (2) Green Commercial-grade LED light sets. 104 Commercial-grade LED light sets Pure White $ 3,328.00 26 Commercial-grade LED light sets Green $ 832.00 Equipment Charge $ 390.00 TOTAL AREA 6 $ 4,550.00 AREA 7 – US1 & GRIFFIN RD Total 10.98 Amps For each of the six (6) Foxtail Palms, we will wrap up the trunks with eight (8) Blue Commercial connect LED 70 light 4" spacing light sets and light up the fronds with six (6) Pink LED Frond Sets. 48 LED 70 light 4" spacing light sets CC Blue $ 1,536.00 36 LED Frond Sets Pink $ 1,008.00 Equipment charge $ 360.00 Page 50 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 5 of 13 For each of the nine (9) Bottle Palms, we will wrap up the trunks with six (6) Yellow Commercial connect LED 70 light 4" spacing light sets. 54 LED 70 light 4" spacing light sets CC Yellow $ 1,728.00 For each of the five (5) Medjool Palms, we will wrap up the trunks with ten (10) Blue Commercial connect LED 70 light 4" spacing light sets and light up the fronds with fifteen (15) Pink LED Frond Sets. 50 LED 70 light 4" spacing light sets CC Blue $ 1,600.00 75 LED Frond Sets Pink $ 2,100.00 Equipment Charge $ 750.00 TOTAL AREA 7 $ 9,082.00 AREA 8 – CITY HALL/CITY CENTER Total 74.84 Amps Above the Fountain in the cul-de-sac area of City Hall, we will install one (1) 44’ Christmas Tree lit with LED 5mm Warm White lit sets and decorated in Silver Ornament Package with Pink, Gold, Blue gift packages and a 6’ 3D Snowburst Tree Topper. We will also install one (1) 8’x6’ LED Silhouette Kinara and one (1) 8’x5’ LED Silhouette Menorah. 1 44’ Tree LED decorated w/4’ 3D Snowburst Topper $ 40,394.00 1 8’H x 6’W LED Silhouette Kinara $ 500.00 1 8’H x 5’W LED Silhouette Menorah $ 500.00 Page 51 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 6 of 13 For each of the eight (8) Medjool Palms, located in the Main Entrance, we will wrap up the trunks with ten (10) Warm White Commercial connect LED 70 light 4" spacing light sets and at the top do a 12” Color Band using two (2) Red Commercial connect LED 70 light 4" spacing light sets. 80 LED 70 light 4" spacing light sets CC Warm White $ 2,560.00 16 LED 70 light 4" spacing light sets CC Red $ 512.00 Equipment Charge $ 400.00 For each of the twelve (12) Light Poles, located around the Entrance roundabout, we will install one (1) 18’ x 14” LED lit Garland decorated in Colors of the Holiday with an 18” Red Velvet with Gold Trim Bow on top. 12 18’ x 14” LED Garland, COTH w/18” Red Velvet Bow $ 3,960.00 For the one (1) Clocktower, located in the middle of the entrance roundabout, we will install one (1) 18’ x 14” LED lit Garland decorated in Colors of the Holiday with two 18” Red Velvet with Gold Trim Bows on top. 1 18’ x 14” LED Garland, COTH w/2-18” Red Velvet Bows $ 370.00 Page 52 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 7 of 13 For the Main Wall, located as you enter the building entrance, we will install one (1) 60” LED lit Wreath decorated in Colors of the Holiday with a 24” Red Velvet with Gold Trim Bow. 1 60” LED Wreath, decorated in COTH w/24” Red Velvet Bow $ 260.00 TOTAL AREA 8 $ 49,456.00 Page 53 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 8 of 13 AREA 9 – PARKS Total 9.74 Amps For the CW Thomas Park Entrance, we will outline the front lower fascia including the peak with a total 100’ of C7 12" spacing green cord light line with Warm White LED bulbs. 100’ C7 12" spacing green cord w/Warm White LED bulbs $ 600.00 For the PJ Meli Park Entrance, we will outline the front of the building with a total of 80’ of C7 12" spacing green cord light line with Warm White LED bulbs. 80’ C7 12" spacing green cord w/Warm White LED bulbs $ 480.00 Page 54 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 9 of 13 For the Frost Park Entrance, we will outline the front lower fascia including the peak with a total 100’ of C7 12" spacing green cord light line with Warm White LED bulbs. 100’ C7 12" spacing green cord w/Warm White LED bulbs $ 600.00 TOTAL AREA 9 $ 1,680.00 AREA 10 – PIER Total 142.09 Amps For the Pier Entrance, we will outline the Arch with a total 25’ C7 6" spacing green cord light line with Pure White LED bulbs. 25’ C7 6" spacing green cord light line with Pure White LED bulbs $ 175.00 Page 55 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 10 of 13 Picture is from the 2021 Season For each of the two (2) sides of the Pier, we will install 2030’ of C7 12" spacing green cord light line with Pure White and Blue LED Bulbs. The light line will be swaged and installed in double layer on each side, 1015 of Pure White and 1015 of Green. 2030’ C7 12" spacing green cord light line with Pure White LED bulbs $ 8,120.00 2030’ C7 12" spacing green cord light line with Blue LED bulbs $ 8,120.00 TOTAL AREA 10 $ 16,415.00 AREA 11 – I.T. PARKER FACADE Total 9.22 Amps We will outline the front fascia of the building with 265’ of C7 12" spacing green cord light line with Warm White LED bulbs. 265’ C7 12" spacing green cord light line w/Warm White LED bulbs $ 1,590.00 TOTAL AREA 11 $ 1,590.00 Page 56 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 11 of 13 AREA 12 – EXHIBIT E5 – GRIFFIN RD/SW 42ND TERRACE MEDIAN Total 6.46 Amps For the one (1) Monument Sign, we will outline the sign with 40’ of C7 6" spacing white cord light line with Pure White LED bulbs. 40’ C7 6" spacing white cord light line w/PW LED bulbs $ 240.00 We will install two (2) 2D LED “D” Displays, located within the median facing either direction to appeal to both sides of the road. Each piece will have sixteen (16) pieces of PVC Garland w/LED White Lights for a total of thirty-two (32) pieces. 2 LED 2D “D” Displays as described above $ 6,400.00 TOTAL AREA 12 $ 6,640.00 Page 57 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 12 of 13 AREA 13 – EXHIBIT E6 – GRIFFIN RD/42nd AVE MEDIAN Total 6.24 Amps We will install one (1) 3’8” W x 4’10” H LED Gold Ribbon Package display and one (1) 3’8” W x 6” H LED Pink Ribbon Package Display. Each piece will have eight (8) pieces of PVC Garland w/LED White Lights for a total of sixteen (16) pieces. 1 LED Gold Ribbon Package as described above $ 1,600.00 1 LED Pink Ribbon Package as described above $ 1,600.00 TOTAL AREA 13 $ 3,200.00 AREA 14 – EXHIBIT I – MEDIAN EAST OF 95 Total 6.51 Amps For each of the four (4) Royal Palms, we will wrap the trunks up to the boot with eighteen (18) Pure White Commercial-grade LED light sets and at the top do a 12” Color Band using two (2) Blue Commercial-grade LED light sets. We will light up the fronds with ten (10) Pure White LED Frond Sets. 72 Commercial-grade LED light sets Pure White $ 2,304.00 8 Commercial-grade LED light sets Blue $ 256.00 40 LED Frond Sets Pure White $ 1,120.00 Equipment Charge $ 400.00 For each of the nine (9) Alexander Palms, we will wrap the trunks up to the boot with three (3) Pure White Commercial-grade LED light sets and at the top do a 12” Color Band using one (1) Blue Commercial-grade LED light set. 27 Commercial-grade LED light sets Pure White $ 864.00 9 Commercial-grade LED light sets Blue $ 288.00 TOTAL AREA 14 $ 5,232.00 Page 58 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 13 of 13 AREA 15 – EXHIBIT H – MEDIAN WEST OF 95 Total 6.26 Amps For each of the four (5) Royal Palms, we will wrap the trunks up to the boot with eighteen (18) Pure White Commercial-grade LED light sets and at the top do a 12” Color Band using two (2) Blue Commercial-grade LED light sets. We will light up the fronds with ten (10) Pure White LED Frond Sets. 90 Commercial-grade LED light sets Pure White $ 2,880.00 10 Commercial-grade LED light sets Blue $ 320.00 50 LED Frond Sets Pure White $ 1,400.00 Equipment Charge $ 500.00 TOTAL AREA 15 $ 5,100.00 Page 59 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 1 of 5 PROPOSAL CITY OF DANIA BEACH Installation Address: 1201 Stirling Road, Dania Beach FL 33004 AREA 1 – STIRLING RD AND SW 1ST CT For each of the two (2) Royal Palms, we will wrap up the trunks with ten (10) Pure White Commercial connect LED 70 light 4" spacing light sets and at the top do a 12” Color Band using two (2) Blue Commercial-grade LED light sets. We will install one (1) 3’8” W x 4’10” H LED Gold Ribbon Package display and one (1) 3’8” W x 6” H LED Pink Ribbon Package Display. Each piece will have eight (8) pieces of PVC Garland w/LED White Lights for a total of sixteen (16) pieces. 20 LED 70 light 4" spacing light sets CC Pure White $ 640.00 4 LED 70 light 4" spacing light sets CC Blue $ 128.00 20 LED Frond Sets Pure White $ 640.00 1 LED Gold Ribbon Package as described above $ 1,600.00 1 LED Pink Ribbon Package as described above $ 1,600.00 Equipment Charge $ 200.00 END AREA 1 $ 4,808.00 LEGEND Explanation of symbols on General Terms page Page 60 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 2 of 5 AREA 2 – STIRLING RD AND S BRYAN RD For each of the two (2) Sable Palms, we will wrap the trunks with six (6) Pure White Commercial-grade LED light sets and at the top do a 12” Color Band using two (2) Blue Commercial-grade LED light sets. We will install one (1) 3’8” W x 4’10” H LED Gold Ribbon Package Display with eight (8) pieces of PVC Garland w/LED Warm White Lights on the west end of the median. 12 LED 70 light 4" spacing light sets CC Pure White $ 384.00 4 LED 70 light 4" spacing light sets CC Blue $ 128.00 1 LED Gold Ribbon Package as described above $ 1,600.00 END AREA 2 $ 2,112.00 Page 61 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 3 of 5 AREA 3 – STIRLING RD AND SW 11TH AVE For each of the one (1) Royal Palms, we will wrap the trunks up to the boot with TEN (10) Pure White Commercial-grade LED light sets and at the top do a 12” Color Band using two (2) Blue Commercial-grade LED light sets. We will light up the fronds with ten (10) Pure White LED Frond Sets. We will install one (1) 3’8” W x 4’10” H LED Gold Ribbon Package display and one (1) 3’8” W x 6” H LED Pink Ribbon Package Display. Each piece will have eight (8) pieces of PVC Garland w/LED White Lights for a total of sixteen (16) pieces. 10 Commercial-grade LED light sets Pure White $ 320.00 2 Commercial-grade LED light sets Blue $ 64.00 10 LED Frond Sets Pure White $ 320.00 1 LED Gold Ribbon Package as described above $ 1,600.00 1 LED Pink Ribbon Package as described above $ 1,600.00 Equipment Charge $ 100.00 END AREA 3 $ 4,004.00 Page 62 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 4 of 5 AREA 4 – DANIA BEACH BLVD AND SE 2ND AVE For each of the six (6) Royal Palms, we will wrap the trunks up to the boot with TEN (10) Pure White Commercial-grade LED light sets and at the top do a 12” Color Band using two (2) Blue Commercial-grade LED light sets. We will light up the fronds with ten (10) Pure White LED Frond Sets. 60 Commercial-grade LED light sets Pure White $ 1,920.00 12 Commercial-grade LED light sets Blue $ 384.00 60 LED Frond Sets Pure White $ 1,680.00 Equipment Charge $ 600.00 We will install one (1) 3D LED “D” Display with sixteen (16) pieces of PVC Garland w/LED White Lights, located at the west end of median and one (1) 3’8” W x 6” H LED Pink Ribbon Package Display, with eight (8) pieces of PVC Garland w/LED White Lights in the middle of the small median (as shown above). 1 LED 2D “D” Displays as described above $ 3,200.00 1 LED Pink Ribbon Package as described above $ 1,600.00 END AREA 4 $ 9,384.00 Page 63 of 181 The material contained herein is the property of Holiday Outdoor Decor. Reproduction, copying, or use without prior consent is strictly prohibited. CITY OF DANIA BEACH Page 5 of 5 AREA 5 – DANIA BEACH BLVD (LAST MEDIAN) We will install on the west end of the median one (1) 3’8” W x 4’10” H LED Gold Ribbon Package Display with eight (8) pieces of PVC Garland w/LED White Lights and at the east end one (1) 3D LED “D” Display with sixteen (16) pieces of PVC Garland w/LED White Lights 1 LED Gold Ribbon Package as described above $ 1,600.00 1 LED 3D “D” Display as described above $ 3,200.00 END AREA 5 $ 4,800.00 Page 64 of 181 City of Dania Beach Public Services Memorandum DATE: 10/7/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Dincer Akin Ozaydin, P.E., Deputy Director/City Engineer SUBJECT: AUTHORIZATION TO AWARD ITB BID NO. 24-021- CURBING/SIDEWALK CONSTRUCTION, MILLING AND RESURFACING OF ASPHALT CONCRETE, STRIPING OF CITY STREETS. Request: The Public Services Department (PSD) seeks the City Commission's approval to award ITB BID No. ITB-24-021 to FG Construction LLC, Metro Express Inc., The Stout Group, LLC, and Weekley Asphalt Paving, Inc. for "Concrete Curbing/Sidewalk Construction, Milling and Resurfacing of Asphalt Concrete, Striping of City Streets and Parking Lots, and Lane Delineators". Background: The use of “push-button” contractors for street maintenance and rapid repairs is essential for ensuring roadway/traffic safety and infrastructure functionality. PSD also performs preventive maintenance on an ongoing basis, which includes construction and maintenance of concrete curbing, sidewalks, and roadway milling and resurfacing. This project's Invitation to Bid No. ITB-24-021-0-2024 was advertised in the Sun-Sentinel and posted on the City's website and Demand-Star on August 09, 2024. Bids were opened publicly on August 23, 2024, with responses from FG Construction LLC, Metro Express Inc., The Stout Group LLC, and Weekley Asphalt Paving, Inc. All three contractors were selected to ensure availability of service. PSD has worked with two of the three contractors in recent years and has found them to be effective, reliable and responsive. Budgetary Impact Funding will be appropriated from various accounts based on need. Recommendation PSD recommends City Commission approval to award ITB BID No. ITB-24-021-0-2024 for "Concrete Curbing/Sidewalk Construction, Milling and Resurfacing of Asphalt Concrete, Striping of City Streets and Parking Lots, and Lane Delineators" to FG Construction LLC, Metro Express Inc., The Stout Group LLC, and Weekley Asphalt Paving, Inc for a period of 3 years. Page 65 of 181 Page 66 of 181 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF BID ITB NO. 2024-021-0- 2024, ENTITLED “CONCRETE CURBING/SIDEWALK CONSTRUCTION, MILLING AND RESURFACING OF ASPHALT CONCRETE, STRIPING OF CITY STREETS AND PARKING LOTS, AND LANE DELINEATORS” TO FG CONSTRUCTION LLC, METRO EXPRESS INC., THE STOUT GROUP, LLC AND WEEKLEY ASPHALT PAVING, INC.; AND TO ENTER INTO AGREEMENTS FOR SERVICES THAT MAY EXCEED THE ANNUAL VENDOR THRESHOLD AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR EACH FISCAL YEAR THAT THE CONTRACTS ARE IN PLACE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Public Services Department (PSD) regularly undertakes preventive maintenance including construction and maintenance of concrete curbing, sidewalks, as well frequent roadway milling and resurfacing to ensure traffic safety; and WHEREAS, the City has an ongoing need for the rapid repair and maintenance of city streets and parking lots, requiring services such as striping and the installation of lane delineators; and WHEREAS, PSD has identified the need for specialized services to supplement the capacity of in-house resources, particularly for large scale or rapid response projects; and WHEREAS, the City issued Invitation to Bid (ITB) No. ITB-24-021-0-2024, "Concrete Curbing/Sidewalk Construction, Milling and Resurfacing of Asphalt Concrete, Striping of City Streets and Parking Lots, and Lane Delineators", which was advertised widely and bids were publicly opened on August 23, 2024, with qualifying bids received from FG Construction LLC, Metro Express Inc., The Stout Group LLC and Weekley Asphalt Paving, Inc.; and WHEREAS, PSD recommends that the City Commission approve and authorize the execution of contracts with FG Construction LLC, Metro Express Inc., The Stout Group LLC and Weekley Asphalt Paving, Inc. for the aforementioned services for a period of three years; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection (a), sets the monetary threshold at $50,000.00 for a vendor each fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Page 67 of 181 2 RESOLUTION #2024-______ Section 2.That the City Commission authorizes the proper City officials to execute agreements with FG Construction LLC, Metro Express Inc., The Stout Group LLC and Weekley Asphalt Paving, Inc. that may exceed $50,000.00 annually under the terms of ITB No. ITB-24- 021-0-2024, in accordance with the schedule of costs attached hereto as composite Exhibit “A” and made a part of this Resolution by this reference. Section 3.That funding for these proposed contracts will be appropriated from several accounts based on need, with payments to be made on an as-needed basis for services rendered. Section 4.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5.That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2024. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 68 of 181 1 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND METRO EXPRESS, INC., A FLORIDA CORPORATION, FOR SERVICES RELATING TO CONCRETE CURBING/SIDEWALK CONSTRUCTION, MILLING AND RESURFACING OF ASPHALT CONCRETE, STRIPING OF CITY STREETS AND PARKING LOTS, AND LANE DELINEATORS AS FURTHER DESCRIBED WITHIN THE CITY OF DANIA BEACH INVITATION TO BID (“ITB”) NO. 24-021. This is an Agreement (“Agreement”) dated __________________, 2024, between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Metro Express, Inc., a Florida corporation (“Contractor”), with its principal mailing address of 9390 Northwest 109 Street, Medley, Florida 33178. In consideration of the mutual covenants, terms and conditions contained in this Renewal, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. Scope of Services. The Contractor agrees to provide construction services (“Services” or “Work”) associated with the City’s Invitation to Bid (ITB) No. 24-021 "Concrete Curbing/Sidewalk Construction, Milling and Resurfacing of Asphalt Concrete, Striping of City Streets and Parking Lots, and Lane Delineators" which Bid is incorporated by this reference into this Agreement as Exhibit “A”, This reference to Exhibit A also includes all addendums and technical specifications. This Agreement is considered a push-button contract, by means of sealed bids, for the purchase of concrete curbing sidewalk construction, milling and resurfacing of asphalt concrete, and the striping of city streets and parking lots as specified in ‘Exhibit “A”. The quantities shown on the Bid Price Proposal are approximate and only represent estimated planned requirements based on historical or specific project needs. The City does not guarantee any maximum or minimum quantity, any range of quantities, or the exact quantities shown for each bid item. The City’s estimated quantities and the Contractor’s bid price will be used to calculate a total bid amount. This total bid amount will then be used to determine the low bidder; however, actual payment under the awarded contract will be based on actual quantities completed. PUSH BUTTON CONTRACTOR SELECTION: When work is identified, the Contractor who provides all services needed and is the lowest cost for the project based on prices submitted on the bid form will be selected to complete the work. 2. This Agreement encompasses the Contractor’s response; provided, however that if there is any conflict between the terms of the Agreement and the Contractor’s response to City, the Agreement is controlling. The ranking of the controlling documents is the agreement, then the technical specs, the terms of the ITB, then the Contractor’s response. The Services and Costs are identified and described in the Contractor’s Bid Form, as Exhibit “B” which exhibit is incorporated by reference into this Agreement. Page 69 of 181 2 3. The term of this Agreement shall be effective beginning October 1, 2024 through September 30, 2027. 4. CONTROL OF THE WORK (PUSH BUTTON). Work Documents: For this Contract in which specific sites are not identified at the time of letting, the Engineer will issue a Work Document. Work Documents will identify the location, description, amount of work to be accomplished, and the number of calendar days to complete the work. Notify the Engineer prior to beginning work defined by each individual Work Document. The initial Work Document may be issued with the Notice to Proceed. The Contractor will be allowed 14 calendar days from receipt of the initial Work Document to respond and begin work. The 14 calendar days begin on the date the document is received in person, by email or fax. The Contractor will be expected to respond and begin work within five working days of receipt of any subsequent Work Document. If a start date later than 5 working days is identified in a Work Document, the Contractor will be expected to begin work by the start date identified in the Work Document. Charging of Contract time will begin on the actual day that work begins at the site, but no later than: 1. the 14th calendar day from receipt of the initial Work Document; or 2. the 5th working day from receipt of any subsequent Work Document; or 3. the “start date” identified in a Work Document (as described above) that is applicable to the specific Work Document issued. All work locations will be described with sufficient particularity that will allow the Contractor to proceed immediately to the location with minimum delay. The Department will make every reasonable effort to plan work locations and develop work documents in systematic and concentrated regions so as to minimize the Contractor's travel requirements. A Pre-Work Conference may be scheduled prior to the commencement of work in accordance with the Work Document. Upon completion of the assigned work of the Work Document, notify the Engineer. Certify that the work quantities and quality were accomplished in accordance with these specifications by signing and returning the Work Document to the Department. All work completed will be reviewed to verify quantity and quality prior to approval of the Work Document. Should inclement weather limit or stop the work, notify the Engineer of such limitation or work stoppage. Schedule work in a manner that prevents delays, stoppages and rework. 5. Maintenance of Traffic. When No Separate Item is Included in the Proposal: When the proposal does not include a separate item for Maintenance of Traffic, all work and incidental costs specified as being covered under this Section will be included for payment under the several scheduled items of the overall Contract, and no separate payment will be made therefore. 6. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: Page 70 of 181 3 a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 7. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City’s option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 8. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 9. Verification of Employment Eligibility. Contractor represents that Contractor and each subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. 10. That in all other respects, the terms of Exhibit “A” apply to this Agreement. Page 71 of 181 4 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY Page 72 of 181 5 WITNESSES: CONTRACTOR: METRO EXPRESS, INC. a Florida corporation Signature Signature PRINT Name PRINT Name Signature Title Dated: ___________________, 2024 PRINT Name STATE OF FLORIDA) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2024 by , as of Metro Express, Inc., a Florida corporation. He/she is personally known to me or has produced as identification. Notary Public, State of Florida Print Name My Commission Expires: Page 73 of 181 1 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND FG CONSTRUCTION, LLC A FLORIDA LIMITED LIABILITY COMPANY, FOR SERVICES RELATING TO CONCRETE CURBING/SIDEWALK CONSTRUCTION, MILLING AND RESURFACING OF ASPHALT CONCRETE, STRIPING OF CITY STREETS AND PARKING LOTS, AND LANE DELINEATORS AS FURTHER DESCRIBED WITHIN THE CITY OF DANIA BEACH INVITATION TO BID (“ITB”) NO. 24-021. This is an Agreement (“Agreement”) dated __________________, 2024, between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and FG Construction, LLC, a Florida limited liability company (“Contractor”), with its principal mailing address of 2701 Northwest 55 Court, Tamarac, Florida 33309 In consideration of the mutual covenants, terms and conditions contained in this Renewal, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. Scope of Services. The Contractor agrees to provide construction services (“Services” or “Work”) associated with the City’s Invitation to Bid (ITB) No. 24-021 "Concrete Curbing/Sidewalk Construction, Milling and Resurfacing of Asphalt Concrete, Striping of City Streets and Parking Lots, and Lane Delineators" which Bid is incorporated by this reference into this Agreement as Exhibit “A”, This reference to Exhibit A also includes all addendums and technical specifications. This Agreement is considered a push-button contract, by means of sealed bids, for the purchase of concrete curbing sidewalk construction, milling and resurfacing of asphalt concrete, and the striping of city streets and parking lots as specified in ‘Exhibit “A”. The quantities shown on the Bid Price Proposal are approximate and only represent estimated planned requirements based on historical or specific project needs. The City does not guarantee any maximum or minimum quantity, any range of quantities, or the exact quantities shown for each bid item. The City’s estimated quantities and the Contractor’s bid price will be used to calculate a total bid amount. This total bid amount will then be used to determine the low bidder; however, actual payment under the awarded contract will be based on actual quantities completed. PUSH BUTTON CONTRACTOR SELECTION: When work is identified, the Contractor who provides all services needed and is the lowest cost for the project based on prices submitted on the bid form will be selected to complete the work. 2. This Agreement encompasses the Contractor’s response; provided, however that if there is any conflict between the terms of the Agreement and the Contractor’s response to City, the Agreement is controlling. The ranking of the controlling documents is the agreement, then the technical specs, the terms of the ITB, then the Contractor’s response. The Services and Costs are identified and described in the Contractor’s Bid Form, as Exhibit “B” which exhibit is incorporated by reference into this Agreement. 3. The term of this Agreement shall be effective beginning October 1, 2024 through September 30, 2027. Page 74 of 181 2 4. CONTROL OF THE WORK (PUSH BUTTON). Work Documents: For this Contract in which specific sites are not identified at the time of letting, the Engineer will issue a Work Document. Work Documents will identify the location, description, amount of work to be accomplished, and the number of calendar days to complete the work. Notify the Engineer prior to beginning work defined by each individual Work Document. The initial Work Document may be issued with the Notice to Proceed. The Contractor will be allowed 14 calendar days from receipt of the initial Work Document to respond and begin work. The 14 calendar days begin on the date the document is received in person, by email or fax. The Contractor will be expected to respond and begin work within five working days of receipt of any subsequent Work Document. If a start date later than 5 working days is identified in a Work Document, the Contractor will be expected to begin work by the start date identified in the Work Document. Charging of Contract time will begin on the actual day that work begins at the site, but no later than: 1. the 14th calendar day from receipt of the initial Work Document; or 2. the 5th working day from receipt of any subsequent Work Document; or 3. the “start date” identified in a Work Document (as described above) that is applicable to the specific Work Document issued. All work locations will be described with sufficient particularity that will allow the Contractor to proceed immediately to the location with minimum delay. The Department will make every reasonable effort to plan work locations and develop work documents in systematic and concentrated regions so as to minimize the Contractor's travel requirements. A Pre-Work Conference may be scheduled prior to the commencement of work in accordance with the Work Document. Upon completion of the assigned work of the Work Document, notify the Engineer. Certify that the work quantities and quality were accomplished in accordance with these specifications by signing and returning the Work Document to the Department. All work completed will be reviewed to verify quantity and quality prior to approval of the Work Document. Should inclement weather limit or stop the work, notify the Engineer of such limitation or work stoppage. Schedule work in a manner that prevents delays, stoppages and rework. 5. Maintenance of Traffic. When No Separate Item is Included in the Proposal: When the proposal does not include a separate item for Maintenance of Traffic, all work and incidental costs specified as being covered under this Section will be included for payment under the several scheduled items of the overall Contract, and no separate payment will be made therefore. 6. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; Page 75 of 181 3 b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 7. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City’s option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 8. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 9. Verification of Employment Eligibility. Contractor represents that Contractor, and each subcontractor, has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. 10. That in all other respects, the terms of Exhibit “A” apply to this Agreement. Page 76 of 181 4 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY Page 77 of 181 5 WITNESSES: CONTRACTOR: FG CONSTRUCTION, LLC a Florida limited liability company Signature Signature PRINT Name PRINT Name Signature Title Dated: ___________________, 2024 PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2024 by , as of FG Construction, LLC, a Florida limited liability company, He/she is personally known to me or has produced as identification. Notary Public, State of Florida Print Name My Commission Expires: Page 78 of 181 1 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND THE STOUT GROUP, LLC A FLORIDA LIMITED LIABILITY COMPANY, FOR SERVICES RELATING TO CONCRETE CURBING/SIDEWALK CONSTRUCTION, MILLING AND RESURFACING OF ASPHALT CONCRETE, STRIPING OF CITY STREETS AND PARKING LOTS, AND LANE DELINEATORS AS FURTHER DESCRIBED WITHIN THE CITY OF DANIA BEACH INVITATION TO BID (“ITB”) NO. 24-021. This is an Agreement (“Agreement”) dated __________________, 2024, between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and The Stout Group, LLC, a Florida limited liability company (“Contractor”), with its principal mailing address of 10850 Northwest 138 Street, Bay #3, Hialeah Gardens, Florida 33018. In consideration of the mutual covenants, terms and conditions contained in this Renewal, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. Scope of Services. The Contractor agrees to provide construction services (“Services” or “Work”) associated with the City’s Invitation to Bid (ITB) No. 24-021 "Concrete Curbing/Sidewalk Construction, Milling and Resurfacing of Asphalt Concrete, Striping of City Streets and Parking Lots, and Lane Delineators" which Bid is incorporated by this reference into this Agreement as Exhibit “A”, This reference to Exhibit A also includes all addendums and technical specifications. This Agreement is considered a push-button contract, by means of sealed bids, for the purchase of concrete curbing sidewalk construction, milling and resurfacing of asphalt concrete, and the striping of city streets and parking lots as specified in ‘Exhibit “A”. The quantities shown on the Bid Price Proposal are approximate and only represent estimated planned requirements based on historical or specific project needs. The City does not guarantee any maximum or minimum quantity, any range of quantities, or the exact quantities shown for each bid item. The City’s estimated quantities and the Contractor’s bid price will be used to calculate a total bid amount. This total bid amount will then be used to determine the low bidder; however, actual payment under the awarded contract will be based on actual quantities completed. PUSH BUTTON CONTRACTOR SELECTION: When work is identified, the Contractor who provides all services needed and is the lowest cost for the project based on prices submitted on the bid form will be selected to complete the work. 2. This Agreement encompasses the Contractor’s response; provided, however that if there is any conflict between the terms of the Agreement and the Contractor’s response to City, the Agreement is controlling. The ranking of the controlling documents is the agreement, then the technical specs, the terms of the ITB, then the Contractor’s response. The Services and Costs are identified and described in the Contractor’s Bid Form, as Exhibit “B” which exhibit is incorporated by reference into this Agreement. Page 79 of 181 2 3. The term of this Agreement shall be effective beginning October 1, 2024 through September 30, 2027. 4. CONTROL OF THE WORK (PUSH BUTTON). Work Documents: For this Contract in which specific sites are not identified at the time of letting, the Engineer will issue a Work Document. Work Documents will identify the location, description, amount of work to be accomplished, and the number of calendar days to complete the work. Notify the Engineer prior to beginning work defined by each individual Work Document. The initial Work Document may be issued with the Notice to Proceed. The Contractor will be allowed 14 calendar days from receipt of the initial Work Document to respond and begin work. The 14 calendar days begin on the date the document is received in person, by email or fax. The Contractor will be expected to respond and begin work within five working days of receipt of any subsequent Work Document. If a start date later than 5 working days is identified in a Work Document, the Contractor will be expected to begin work by the start date identified in the Work Document. Charging of Contract time will begin on the actual day that work begins at the site, but no later than: 1. the 14th calendar day from receipt of the initial Work Document; or 2. the 5th working day from receipt of any subsequent Work Document; or 3. the “start date” identified in a Work Document (as described above) that is applicable to the specific Work Document issued. All work locations will be described with sufficient particularity that will allow the Contractor to proceed immediately to the location with minimum delay. The Department will make every reasonable effort to plan work locations and develop work documents in systematic and concentrated regions so as to minimize the Contractor's travel requirements. A Pre-Work Conference may be scheduled prior to the commencement of work in accordance with the Work Document. Upon completion of the assigned work of the Work Document, notify the Engineer. Certify that the work quantities and quality were accomplished in accordance with these specifications by signing and returning the Work Document to the Department. All work completed will be reviewed to verify quantity and quality prior to approval of the Work Document. Should inclement weather limit or stop the work, notify the Engineer of such limitation or work stoppage. Schedule work in a manner that prevents delays, stoppages and rework. 5. Maintenance of Traffic. When No Separate Item is Included in the Proposal: When the proposal does not include a separate item for Maintenance of Traffic, all work and incidental costs specified as being covered under this Section will be included for payment under the several scheduled items of the overall Contract, and no separate payment will be made therefore. 6. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: Page 80 of 181 3 a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 7. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City’s option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 8. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 9. Verification of Employment Eligibility. Contractor represents that Contractor, and each subcontractor, has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. 10. That in all other respects, the terms of Exhibit “A” apply to this Agreement. Page 81 of 181 4 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY Page 82 of 181 5 WITNESSES: CONTRACTOR: THE STOUT GROUP, LLC a Florida limited liability company Signature Signature PRINT Name PRINT Name Signature Title Dated: ___________________, 2024 PRINT Name STATE OF FLORIDA) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2024 by , as of The Stout Group, LLC, a Florida limited liability company, He/she is personally known to me or has produced as identification. Notary Public, State of Florida Print Name My Commission Expires: Page 83 of 181 1 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND WEEKLEY ASPHALT PAVING, INC., A FLORIDA CORPORATION, FOR SERVICES RELATING TO CONCRETE CURBING/SIDEWALK CONSTRUCTION, MILLING AND RESURFACING OF ASPHALT CONCRETE, STRIPING OF CITY STREETS AND PARKING LOTS, AND LANE DELINEATORS AS FURTHER DESCRIBED WITHIN THE CITY OF DANIA BEACH INVITATION TO BID (“ITB”) NO. 24-021. This is an Agreement (“Agreement”) dated __________________, 2024, between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Weekley Asphalt Paving, Inc., a Florida corporation (“Contractor”), with its principal mailing address of 20701 Stirling Road, Pembroke Pines, Florida 33332. In consideration of the mutual covenants, terms and conditions contained in this Renewal, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. Scope of Services. The Contractor agrees to provide construction services (“Services” or “Work”) associated with the City’s Invitation to Bid (ITB) No. 24-021 "Concrete Curbing/Sidewalk Construction, Milling and Resurfacing of Asphalt Concrete, Striping of City Streets and Parking Lots, and Lane Delineators" which Bid is incorporated by this reference into this Agreement as Exhibit “A”, This reference to Exhibit A also includes all addendums and technical specifications. This Agreement is considered a push-button contract, by means of sealed bids, for the purchase of concrete curbing sidewalk construction, milling and resurfacing of asphalt concrete, and the striping of city streets and parking lots as specified in ‘Exhibit “A”. The quantities shown on the Bid Price Proposal are approximate and only represent estimated planned requirements based on historical or specific project needs. The City does not guarantee any maximum or minimum quantity, any range of quantities, or the exact quantities shown for each bid item. The City’s estimated quantities and the Contractor’s bid price will be used to calculate a total bid amount. This total bid amount will then be used to determine the low bidder; however, actual payment under the awarded contract will be based on actual quantities completed. PUSH BUTTON CONTRACTOR SELECTION: When work is identified, the Contractor who provides all services needed and is the lowest cost for the project based on prices submitted on the bid form will be selected to complete the work. 2. This Agreement encompasses the Contractor’s response; provided, however that if there is any conflict between the terms of the Agreement and the Contractor’s response to City, the Agreement is controlling. The ranking of the controlling documents is the agreement, then the technical specs, the terms of the ITB, then the Contractor’s response. The Services and Costs are identified and described in the Contractor’s Bid Form, as Exhibit “B” which exhibit is incorporated by reference into this Agreement. Page 84 of 181 2 3. The term of this Agreement shall be effective beginning October 1, 2024 through September 30, 2027. 4. CONTROL OF THE WORK (PUSH BUTTON). Work Documents: For this Contract in which specific sites are not identified at the time of letting, the Engineer will issue a Work Document. Work Documents will identify the location, description, amount of work to be accomplished, and the number of calendar days to complete the work. Notify the Engineer prior to beginning work defined by each individual Work Document. The initial Work Document may be issued with the Notice to Proceed. The Contractor will be allowed 14 calendar days from receipt of the initial Work Document to respond and begin work. The 14 calendar days begin on the date the document is received in person, by email or fax. The Contractor will be expected to respond and begin work within five working days of receipt of any subsequent Work Document. If a start date later than 5 working days is identified in a Work Document, the Contractor will be expected to begin work by the start date identified in the Work Document. Charging of Contract time will begin on the actual day that work begins at the site, but no later than: 1. the 14th calendar day from receipt of the initial Work Document; or 2. the 5th working day from receipt of any subsequent Work Document; or 3. the “start date” identified in a Work Document (as described above) that is applicable to the specific Work Document issued. All work locations will be described with sufficient particularity that will allow the Contractor to proceed immediately to the location with minimum delay. The Department will make every reasonable effort to plan work locations and develop work documents in systematic and concentrated regions so as to minimize the Contractor's travel requirements. A Pre-Work Conference may be scheduled prior to the commencement of work in accordance with the Work Document. Upon completion of the assigned work of the Work Document, notify the Engineer. Certify that the work quantities and quality were accomplished in accordance with these specifications by signing and returning the Work Document to the Department. All work completed will be reviewed to verify quantity and quality prior to approval of the Work Document. Should inclement weather limit or stop the work, notify the Engineer of such limitation or work stoppage. Schedule work in a manner that prevents delays, stoppages and rework. 5. Maintenance of Traffic. When No Separate Item is Included in the Proposal: When the proposal does not include a separate item for Maintenance of Traffic, all work and incidental costs specified as being covered under this Section will be included for payment under the several scheduled items of the overall Contract, and no separate payment will be made therefore. 6. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: Page 85 of 181 3 a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 7. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City’s option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 8. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 9. Verification of Employment Eligibility. Contractor represents that Contractor and each subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. 10. That in all other respects, the terms of Exhibit “A” apply to this Agreement. Page 86 of 181 4 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY Page 87 of 181 5 WITNESSES: CONTRACTOR: WEEKLEY ASPHALT PAVING, INC. a Florida corporation Signature Signature PRINT Name PRINT Name Signature Title Dated: ___________________, 2024 PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2024 by , as of Weekley Asphalt Paving, Inc., a Florida corporation. He/she is personally known to me or has produced as identification. Notary Public, State of Florida Print Name My Commission Expires: Page 88 of 181 City of Dania Beach Community Development Memorandum DATE: 10/7/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Director SUBJECT: The City's Public Art Advisory Board terms and term limits Request: The Community Development Department is requesting to adopt via ordinance the Public Art Advisory Board terms and term limits as adopted in the Public Art Plan. Background: The City Commission created a Public Art Advisory Board to assist the City on the use of public art funds and help select artists, artworks and potential locations for art placement. The Board positions currently do not identify board terms or term limits in the ordinance but did so as part of the adopted Public Art Plan. The City desires to update its ordinance to include term limits and furthers the purpose of the Public Art Board. Budgetary Impact None Recommendation The Community Development Department is recommending approval of the ordinance for first reading. Page 89 of 181 ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING THE PUBLIC ART ADVISORY BOARD, BY AMENDING CHAPTER 28, ENTITLED THE “LAND DEVELOPMENT CODE”, BY AMENDING SECTION 811-130, ENTITLED “PUBLIC ART ADVISORY BOARD,” TO CLARIFY BOARD TERMS; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission created a Public Art Advisory Board to assist the City on the use of public art funds and help select artists and art works; and WHEREAS, the Board positions currently do not identify board terms or term limits in the ordinance but did so as part of the Art Board plan, and the City desires to update its ordinance to include the term limits; and WHEREAS, the amendment provides clarity and furthers the purpose of the Public Art Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That Article 811 entitled the “Public Art Program,” is amended at Section 811-130, as follows: ARTICLE 811. PUBLIC ART PROGRAM * * * Sec. 811-130. Public Art Advisory Board There shall be created a Public Art Advisory Board whose membership, meetings, duties, and other responsibilities are as described below: (A)Membership. The Board shall be composed of the following members: (i) Four (4) board members must be knowledgeable in one of the identified fields of: fine art, be employed by any art dealer, art gallery, artists' representative, museum or other entity which derives income from the sale or display of artwork, be a professional in the field of art, architecture, art history, architectural history, urban planning, landscape architecture, interior design, graphic or product design, urban planners, or possess a minimum of a bachelor's degree in said field from an accredited university, or be involved in an art program within the community. Dania Beach residents and Broward County residents will be eligible to serve on the advisory board. Page 90 of 181 2 ORDINANCE #2024-______ (ii) Three (3) city residents with a strong interest and knowledge of the visual arts; whom shall have been a resident of the City of Dania Beach for a minimum of six (6) months prior to any such appointment. For the first appointment to the Board, the two members may be selected from the formerly active Creative Arts Council Advisory Board. (iii) Each of the members may be appointed by any City Commissioner. That the City Commission shall appoint one (1) City Commissioner to sit as a liaison to the Board. Such appointed City Commissioner liaison shall serve a term consistent with the duration of their election term and without compensation at the pleasure of the City Commission of the City of Dania Beach. (iv) The City Commission shall vote on the selection of each member. The required quorum shall consist of four members. (v) Each member shall be appointed by the City Commission, based upon the criteria and approved by a majority of the entire City Commission. The positions appointed to the Art Board, and their term provisions, and additional terms: Position1 Initial term Length of term Optional extensions Broward County Resident – knowledgeable in the arts as identified in Code Sec. 811- 130(A) June 2022 Three (3) year term Additional two (2) year term Broward County Resident – knowledgeable in the arts as identified in Code Sec. 811-130(A) June 2022 Three (3) Year term Additional two (2) year term Broward County Resident – knowledgeable in the arts as identified in Code Sec. 811-130(A) June 2022 Two (2) year term Additional two (2) year term Broward County Resident – knowledgeable in the arts as identified in Code Sec. 811-130(A) June 2022 Two (2) year term Additional two (2) year term Dania Beach Resident June 2022 Two (2) Year term Additional two (2) year term Dania Beach Resident June 2022 Two (2) Year term Additional two (2) year term Dania Beach Resident June 2022 Two (2) year term Additional two (2) year term 1 As there are seven positions, four of which must meet the art professional criteria, and three the resident criteria. Technically, any position can be a “resident” position, provided the other four meet the specific art profession criteria. Page 91 of 181 3 ORDINANCE #2024-______ Section 2.That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3.That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 4.It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 5. That this ordinance be codified in Municode.com. Section 6.That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on _________ , 2024. PASSED AND ADOPTED on second reading on _____________________, 2024. First Reading: Motion by: _____________________________________ Second by: _____________________________________ Second Reading: Motion by: _____________________________________ Second by: _____________________________________ FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ Page 92 of 181 4 ORDINANCE #2024-______ ATTEST: ________________________ __________________________ ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 93 of 181 City of Dania Beach Community Development Memorandum DATE: 10/7/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director SUBJECT: Street co-designation of NW 2nd Street in honor of Mr. Henry N. White, Sr. (SECOND READING). Request: To authorize the street co-designation of NW 2nd Street to Mr. Henry N. White, Sr. Background: On December 25, 1904, Henry N. White, Sr. was born in the City of Dania, becoming the first black baby born in the City. Mr White, Sr. grew up in Dania and worked as a sharecropper, planting and harvesting tomatoes, among other jobs. He also built a home on the corner of NW 2 Street, with his wife Wanetta Mays, where they raised twelve (12) of their thirteen (13) children. Many of Mr. White, Sr.’s descendants, including grandchildren, great grandchildren, and great, great grandchildren still call Dania Beach home. In accordance with Section 22-7A of the City’s Code of Ordinances, the applicant provided a petition signed by at least thirty percent (30%) of the property owners located within a quarter mile of the proposed affected street in support of the co-designation. The background check confirmed that Mr. White, Sr. was in good standing in the community. Due to the requested length of the co-designation, which stretches from NW 4th Avenue to NW 14th Way (approximately 3,105 linear feet), seven (7) signs were posted along the affected right of way, in compliance with the applicable regulations. On September 17, 2024, the City’s Park and Recreation and Community Affairs Advisory Board recommended approval. Budgetary Impact Cost of background check and public hearing notices to be paid by the City Commission, per Ordinance No. 2024-007. The total cost is $4,115.58 and includes the following: Page 94 of 181 • Private investigator background check - $200.00 • Radius map, mailing list, and posting signs - $3,325 • Public Hearing notices (newspaper and mailed notices) - $590.58 Recommendation Staff is recommending the City Commission approve the street co-designation of NW 2nd Street to Mr. Henry N. White, Sr. Page 95 of 181 ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO SECTION 22-7A, OF THE CITY’S CODE OF ORDINANCES; AUTHORIZING CO-DESIGNATION OF A PORTION OF NW 2ND STREET, BETWEEN NW 4TH AVENUE AND NW 14TH WAY, BE KNOWN AS “NW 2ND STREET/HENRY N. WHITE, SR. STREET”, AFTER HOLDING TWO PUBLIC HEARINGS, AND AFTER A 4/5 VOTE OF THE ENTIRE CITY COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 22-7A, of the City of Dania Beach’s Code of Ordinances, the City Commission may, by resolution, adopt after a public hearing a co-designation of any local road, street, subdivision street or alley (referred to as "street" in this section) within the city limits; and WHEREAS, all streets shall retain their current names as a co-designation; and WHEREAS, pursuant to the City’s criteria, the applicant submitted the original copy of a petition which clearly states, on each page containing petition signatures, the full intent of the petition, which is signed by the owners of fifty (50) percent of the properties which front on, back on, or have a mailing address containing the name of the affected street; and WHEREAS, the application was reviewed for completeness and submitted to the City's Parks, Recreation and Community Affairs Advisory Board for review and recommendation prior to submission to the city commission for consideration; and WHEREAS, on September 17, 2024, the Board reviewed the application against the City’s criteria and recommended to approve the co-designation request, with the attested signatures for the petition; and WHEREAS, the City Commission is also to review the criteria and make a final decision on the application based on the following criteria: (1) Whether or not the request is proposed to co-designate the name of a local street. (2) Whether or not the name requested is already being utilized in the immediate or surrounding neighborhoods, other parts of the city, Broward County or both. (3) Whether the requested segment of a particular street to be co-designated will cause confusion when the segmentation is not created by a natural landform or waterway. Page 96 of 181 2 ORDINANCE #2024-______ (4) Whether or not the name requested is perceived to be immoral or offensive to a portion of the City's citizenry. (5) Whether or not the street requested to be co-designated has an existing co- designation (no more than one co-designation should be authorized). (6) Whether or not the applicant has met the requirements referenced in this Code and have the support of the surveyed and affected property owners. (7) Whether or not the street or the existing name of the street requested to be co- designated has significant historical value to the City. (8) If named after a person, the person must be retired from his or her principal career, be without a conviction of a crime of moral turpitude, a felony, or have a fraudulent, immoral, or offensive history. (9) If named after a corporation, the corporation, or other non-natural person, must have a reputation without a criminal, fraudulent, immoral or offensive history; and WHEREAS, posted and mailed notification of the proposed street co-designation was issued on September 5, 2024, consistent with the requirements of section 610-20, of the Land Development Code (LDC), to property owners within 1,000 feet apart, between the two street ends and at all intersections with principal arterial roadways, as defined by the City; and WHEREAS, on December 25, 1904, Henry N. White Sr. was born in the City of Dania Beach, becoming the first black baby born in the City; and WHEREAS, Henry N. White, Sr. worked as a road construction worker and as a sharecropper, planting and harvesting tomatoes; and WHEREAS, Henry N. White, Sr. and his wife Wanetta Mays built a small house on the corner of 705 N.W. 2nd Street, where they raise 12 of their 13 children; and WHEREAS, many of Henry N. White, Sr. descendants including grandchildren, great grandchildren and great, great grandchildren, still call Dania Beach home. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the preceding “WHEREAS” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Page 97 of 181 3 ORDINANCE #2024-______ Section 2. That the City Commission of the City of Dania Beach, after a vote of 4/5 of the entire commission, establishes that a portion of NW 2nd Street, between NW 4th Avenue and NW 14th Way, be named and be known as “NW 2ND Street/Henry N. White, Sr. Street”. Section 3. The City shall be responsible for providing notice of any approved changes to the City’s Fire Department, Police Department (Broward Sheriff’s Office District II Office,) the United States Postal Service, the Broward County Property Appraiser’s and Tax Collector’s offices and other applicable governmental agencies and shall bear the cost of installation of the signs. Section 4.That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5.That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 6.That this Ordinance shall be effective 10 days after passage. PASSED on first reading on , 2024. PASSED AND ADOPTED on second reading on _______________________, 2024. First Reading: Motion by: _________________________________ Second by: _________________________________ Second Reading: Motion by: _________________________________ Second by: _________________________________ FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ Page 98 of 181 4 ORDINANCE #2024-______ ATTEST: ELORA RIERA, MMC ARCHIBALD.J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 99 of 181 Page 100 of 181 Page 101 of 181 Page 102 of 181 Page 103 of 181 Page 104 of 181 Page 105 of 181